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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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in no sort be so because our enemies which might helpe him with their fauour and counsell are abroad Coriolanus being banished would haue destroied Rome had not his mother by her wise persuasions preuented him so also would this our enemie not be the first that of an exile would aspire to be king for such as are farre from their countrie experience and want maketh them much more industrious and resolute so that so long as he liueth wee shall be like him that holdeth the wolfe by the eares who no sooner is let lose but he doth mischiefe and to hold him still is both ircksome and dangerous for as the wolfe hurteth those whom he seeth before he be spied euen so this race of aspiring Tirants infect the righteous minds of those which are not well acquainted with their nature But would you willingly incurre this blame to haue slaine your husband for some other cause rather then for the good of the Commonwealth we haue no such bad opinion of you yet let your good deed then be sound and without spot rather then to demand such a thing whereof vnto you there would come exceeding mischiefe and vnto vs most great danger like as you know that the law saith that the Tyrant killer should be rewarded so you may remember as wel as the reward that it also saith that all the Tirants kindred ought to be put to death If you haue slaine your husband neither for loue of the law nor for the good of the land you are greatly to be blamed and to be punished for murthering your husband but if your zeale be good suffer then that good may come therof You will say my sonne is yoong true it is and therefore he may the more easily grow worse then better as those doe who are by nature borne vicious and they are such for the most part as are borne of tyrannous parents as his father hath ben prooued and so shall you likewise be if you obey not the law Finally the father and the mother haue ben both very resolute the one to vsurpe the other either to suppresse or desirous to renue the tirannie vntill now we doe not know whether of the twain was meant but we know very well how dangerous the preseruing of a son borne of such parents is whose qualities he may very well follow resolue you then to put vs out of doubt in asking such a reward as may be graunted that to a good and vertuous end you murthered the tirant or els prepare you to receiue such punishment as a woman deserueth that for her owne particular passions hath slaine her husband The Answere HOw now my good lords and friends Are you desirous that in you this detestable Prouerbe should bee verefied which saith That there is nothing more vnconstant vnthankful and more exceeding insolent then the common people so soon as they perceiue themselues free from feare It should seeme then by this that tyrannie keeping you in awe and so consequently in obedience would be more profitable for you then libertie but God forbid that so it should be said of my countriemen I had rather die a thousand times if it were possible and seeing I haue not spared mine owne husband for the good of the Common-wealth neuer thinke that I would spare my sonnes life yea or mine owne vnto your preiudice But I feare that we thinking to doe well both you and I shall be blamed I of crueltie and you of crueltie and ingratitude together for greater crueltie is it to slay an innocent then to pardon an hundred offenders consider then that her sonne who hath set you at libertie hath neuer offended the Common-wealth but as yoong as he is he hath alwaies seemed to abhorre the cruelties of his father who being put to death by my hands the child hath verie constantly showne himselfe to be more glad for the benefit of the Commonwealth then sorrie for the death of his father and with a great contentment hath he left off his gorgeous apparell and his accustomed delicacie to conforme himselfe after my will like vnto the rest of the Citizens Why then my very good lords doe you desire the death of an innocent which sheweth himselfe so affectioned towards you And such a one as may one day do you good seruice wherfore doe you not as well consider the good which he may doe vnto you as the mischiefe which you imagine to be done alreadie by him But the hate which you did beare vnto the father you turn vpon the son when you say that he is the sonne of a Tirant why doe you not as well say that he is her sonne that slew the tirant If you wil not loue him for my sake at the least let your hate be as little as your loue and condemne him not before he haue offended let him liue a while and if he commit the least offence in the world punish him with death loe then the gift which I doe craue for the reward of my desert not the life of my sonne but the delay of his death you say that it is not you but the law which requireth his death it is to be considered that all the interpretations or gloses of the laws ought rather to tend vnto clemencie then vnto rigour and principally when the effect thereof tendeth vnto crueltie for this law which saith that all the kinne and adherents of the tirant must die ought to be vnderstood of those which haue aided and assisted him to exercise his tirannie or that haue beene his partakers therein but wherein might this poor innocent haue offended who knoweth not as yet what tirannie meaneth you must then remember my lords that he is her son who hath made the zeale of her countrie striue and triumph ouer the name of a Princesse ouer the delights of the world ouer soueraigntie so greatly desired of women the which they themselues are vnapt to obtaine ouer wealth the which they so much esteeme and finally ouer a husbands loue and a vowed faith and that which is not the least esteeming all impartial pleasures as base in respect of your generall profit Remember that I haue depriued my self of my husband that I haue slain my child his father what zeale would you haue more great towards our fellow countrymen But if there were the least shew in the world that he would euer be preiudiciall vnto you I would not let for any thing to sacrifice him by and by for your safetie but seeing I am certaine that he will become a very good Citizen and a faithfull louer of his countrie following the same example which I haue giuen beleeue me sirs that I had rather die then he should as also I will not liue any longer after his death Will you iustlie deserue this infamie O you Citizens not onelie to haue beene vnwilling to giue the promised reward vnto her that redeemed you But also to haue ben the cause that she suffered a death more
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
child Wherevpon he made the said Leideric knight and created him Earle of Flanders Now saith the historie that the eldest sonne of the said Earle being old inough to court ladies did meet before the court gates with a woman that had a small basket of fruit to sell which he tooke from her and carried vp vnto the gentlewomen The poore woman staied for money for her said fruit so long vntill it grew towards night and then departing homeward she lost her selfe in the forrest so as she could not find her house vntill the next morning when comming home she found her child dead for want of the teat Wherevpon she complained vnto the Earle he fained to carrie his said sonne abroad to tourney but passing thorow the forrest he caused him to be hanged Wherefore let vs suppose that the people accused the Earle vnto the king in this sort EVery cruelty if it may please your Maiestie is assuredly very odious but that which the father committeth against his owne child is most execrable for the father his kindnesse ought to exceed all other loue imitating therein the loue which God did beare vnto man for the saluation of whom he hath not spared his only begotten son our Lord and Redeemer whose example they are more bound to follow that are chosen to rule others then those which are more base in condition because the people for the most part doe conforme themselues to immitate their actions which command and especially the bad before the good Wherevpon it followeth that he which commandeth ouer a Commonwealth or prouince cannot offend in any meane sort especially if his offence be publike more if the cause be not ouer great but most of all if it be such a vice as degenerateth from the nature of man all which said faults are found in this detestable deed of our Earle hauing wrongfullie put to death his owne son and what sonne Euen his eldest sonne and the same which should haue succeeded him and bene our Earle But what offence can bee more publike then to cause his sonne to die by the most shamefull death in the world For by the halter are theeues executed and yet he had no such cause to put him to death seeing that notwithstanding his fault was remedilesse moreouer there is no ●ice thought more vnbeseeming a man then crueltie and there is no greater cruelty thē that which is committed against a mans owne blood the which crueltie is not only done against himselfe against his sonne and against vs in putting our Prince to death but also against the mother and brethren of the Prince and that which worst is against your Maiestie hauing executed the sonne of your daughter your nephew and your subiect who in processe of time might haue done good seruice vnto your crowne and state Wherefore this tyrant hath not only shewed crueltie vnto all these aboue named but he hath further manifested his ingratitude vnto his king and soueraigne vnto your Maiestie I say who hath made him noble by knighting him creating him Earle of this countrie and accepting him for your sonne in law What punishment deserueth not a crime so manifest committed against the person of such a monarch But who is so ignorant that will not affirme that in this action froward fortune hath rather beene the cause of the mischeife happened vnto this woman than the prince himselfe or els it was her negligence or ill hap or the desteny of the infant What meant she to stay so long Did not she know where to haue found the Prince the next day Had she lost her money by staying for it But to be short this woman did shew her selfe to be both cruell and obstinate as their sex are for the most part and it may be she staied so long tatling with some of her gossips and boasting that the Prince had bought her fruit as night ouertooke her before she was aware for the prattle of a woman is oftentimes without measure But were it that the Prince his fault were farre more manifest and hainous then it is yet is the cause to be iudged by none but by the king only or by such as should by his Maiestie be deputed and appointed for iudges and it is more vnfit that the father should be iudge of his child then any other because either too exceeding loue or too extreame rage may ouerrule him for when he is angry with those whome he loueth his anger proueth more vehement and dangerous towards them then against others Likewise no iudgement ought to be pronounced without counsell and due informations But what proofes was brought against our prince Where are those which were called to consult vpon iudgement or to giue aduice that he ought to die Alas the father and the hangman were both Iurie Iudge and Executioner Well God graunt this mischiefe proceed not from some other ground that is to say least some old malice long since conceiued hath not made the father to find this occasion to destroy his son it may be chiefely to aduance his second sonne whom he loued better I passe ouer in silence how hee hath secretly endeuoured to haue the world suppose that the same was none of his son therby meaning to slander your daughter for those which know themselues inferiour to their wiues doe neuer loue them heartily but seeke all the meanes they can to make them lesse esteemed and especially such as are ingratefull of whom this Tyrant sheweth himselfe to be the chiefest It may be said that it is not lawfull to accuse any man by coniecture but what vilenesse may not a man imagine by such a one seeing that like as vertues are knit together so do vices follow one another To conclude dread soueraigne we doe better feele this wrong done to your Maiestie to your daughter to her children and to our selues then we are able to expresse the same in words but our iust teares together with our silence demand iustice of your highnesse The answere of the Earle AS nothing surely can be more odious or degenerating from the nature of man then crueltie so also is nothing more necessarie for humane conuersation then iustice ioined with wisedome for indeed without it iustice seemeth to bee no better then crueltie as wisedome also without iustice is esteemed no other then meere malice yet holding these two vertues linked together a man may put his owne child to death and not be taxed of crueltie but rather praised for his pietie and loue towards them and Common-wealth And such were the Numantines accounted for slaying their children rather then they would leaue them for slaues So was Virginius who killed his daughter to saue her chastitie I passe ouer Manlius Torquatus Posthumius and diuers others who put their owne children to death onely for the zeale they had vnto the obseruation of militarie discipline yet for all that not any of all these haue beene iudged to be cruell or worthy of blame but on the
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
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
shall newly come forth of their office The Answere WE do confesse that the Dictator should be such a man as you say but you did not or at the least would not tell what els was requisit for him to doe which is that he ought also to consider to what end he was created whether to represse the Tuscans or to abolish or abridge the authority of the officers appointed by the Senat and people as if he alone were wiser then all the rest There was neuer any Dictator made vnlesse it were to withstand those casualties which could not otherwise be redressed We doe not stand vpon the necessity of this abridgement but doe onely demand if it could not be done vnlesse a Dictator should by this deed embolden the people euery day to attempt new matters And giue an example vnto the succeeding Dictators to do other things thē those for which they are ordained for of all things as well good as bad the beginning is the chiefe point so that it is most dangerous to be the ringleader vnto others to doe amisse because suddainly they alleage the example of him that went before them For the greater his authoritie is that was the first inuenter of any such matter so much the more pernicious is the same vnto the Commonwealth therfore we haue not done amisse if that should happen which you say because those which would follow his example should also remember that such presumptuous acts do not so greatly profit as they are supposed But we haue not burthened him for this cause but only because it was our dutie so to doe and we are no more bounden to giue an account of our actions then he is of his the which seeme no lesse contrary to the Senat then fauourable to the people who are ouer insolent of themselues already and although we will not say that Mamercus entendeth by this popular fauour to performe some bad act yet who shal hinder some to thinke that by such like means a man may imagine to aspire vnto some such vniust matter I will not say to be tyrant for there is more then one way to attaine vnto the same as there are many sorts of tyrannies Wherefore it is the duetie of a good Citizen to shew that he doth quite detest euery act that may breed any suspition Therefore it were no wisdome to come vnto this extremitie of the deserts either of his or our actions for the disputation thereof would be no lesse difficult then dangerous so that it were better to deferre that vntill you haue obtained as you say that we must be adiudged and corrected by our predecessors in the meane season let vs now pretend that our authoritie is more then your vnderstanding doth allow it We are not ignotant of Mamercus his vertue neither can we but know what fauour kindred and meanes he hath nor hath he offended vs but rather the Magistrat and the Common-wealth for hauing abridged the office he taketh away the men euen then when they might doe most good therein for there is no man so perfect that at the first committeth not some faults or at the least wise doth not execute a charge better after he hath beene exercised in the same some years then when he first began to vse the same the which neither he himselfe nor you can with reason denie neuertheles there is no malice in vs but rather in you that doe not only accuse vs but threaten vs aswell with the future authoritie of Mamercus as also that we must answere our actions vnto those that supplied this office before vs but considering that threatned men doe liue long and such as do most fear do sorest threaten and because threatnings are for the most part sure weapons to defend the threatned we will make no account thereof and the rather because they come not from him whom you pretend to haue the greatest wrong who is ouer wise to vse such speeches and though he should yet could we answere him well inough no man knoweth better then himselfe whether his wealth be increased and whether his imposition be ouer burdenous or no if he doe either affirme it or you doe prooue it we will answere you and if we haue heretofore spared him it was because the time did so require it and for some other respects wherewith we are not to acquaint you Finally Mamercus during his office did that which he thought good and we during ours neither haue nor will doe any thing but that which is good honest and reasonable and we are not to answer you for our actions God graunt that the people doe not beleeue that Mamercus hath abridged the office of Censors for the same end and purpose as Spurius Melius extended his liberality of corne vnto them Declamation 9. Of the husband that slew his wife for hauing lost two of his children the one by fire the other by water A Certaine woman as she was washing and wiping her little sonne did see her yong daughter fal into the fire wherevpon being ouer hastie to helpe it she let her sonne fall into the boule of water wherein he was drowned herevpon her husband happened to come in who presently slew her The womans kindred apprehended him accused him vnto the iustice saying THis wicked fellow not being content with two mischances would needs ad therevnto a third mischiefe O what griefe ought ours to be that hauing not only lost our yoong nephew and his mother but being iustly prouoked thervnto by this damned deed we must likewise procure the death of this wretch which in an vnluckie houre was our kinsman seeing that he alone must be the dishonor of all our linage dying as a publique spectacle by the hands of a hangman according to his deserts because he hath ben worse then a hangman to his poor wife whose only company he deserued not being so chast honest and vertuous as she was bearing a sincere and deuout loue vnto him who was her butcher so as I dare say and beleeue that this soule of hers no lesse louing then innocent dooth yet lament in another world not only in that she was martired by him who ought to haue loued cherished and defended her from all others that would haue burther but also taketh pittie vpon the most iust miserie of this murther and as whiles she liued she alwaies preferred his contentment before her own so now she would thinke her selfe happy if it were possible that she might once more die to saue his life as did the charitable Alcest to saue her most deare Admetus but I would demand of this wicked man wherein his wife had deserued to die by the hands of him who had sworne to keep and defend her from all iniurie Alasse an ouer vehement charitie made her commit a fault which as it fell out was great but to be blamed for it she is not For a motherly loue and a naturall charity seeing her daughter fallen into the fire made her
wife answered that she would not liue without him and therefore praied him that shee might drinke some part with him wherevnto he agreed and hauing drunken part he gaue her the rest the which she did drinke vp and died suddainly after The husband died not but within a short while after by the means of his friends he was called to Rome again where being arriued he shewed a very plain Will of his wiues wherin she left him heire of all hir lands and goods her kinsfolke who did verie wel know how she came by her death accused him for poysoning his wife complaining and saying in this sort HE hid himselfe with poyson because he would be sought and found by his wife he fained that he would drinke it to make her drinke thereof he said he would die because she should desire to liue no longer He did drinke in such sort of the poyson that he is yet liuing and his wife dead I would faine know then what man did euer murther his wife more manifestly Or what poison is that which could not once kill so great an heire who affirming that he would die after he had caused his wife to die did himselfe escape it is a great matter that all the rest of the fugitiues are become poore by the late edict and this man is made rich thereby the others haue lost their owne goods and he would vsurpe the goods of another as a reward for procuring the death of her that loued him more then her selfe and so much did he know that she had witnessed in his fauour she followed him when he was pursued by his enemies sword and vnder a fained coulor of loue he hath murthered her with poyson A goodly exchange she tooke his poison and he her Testament so soone as shee had drunken shee died but is there anie doubt to be made of the force of the venome Seeing it was compounded and made by the heire who might verie well drinke part of the vppermost as being lesse violent either hauing an Antidot verie readie or els hauing taken it before hand thereby inciting his poore wife by deceit to drinke the bottome where all the poison did lie so as it might verie well be said that hee had the drinke and she the venome which long before hee had prepared to hurt her alone He did verie well know that shee would not liue without him seeing that shee was desirous to thrust her selfe into most great dangers for his sake If they are punished which kill their enemies in open fight what punishment is he worthie to haue which hath treacherouslie murthered his wife that loued him aboue all things as hee ought to haue loued her The Answere MY wife did loue me in time of peace shee followed me to the wars and in exile in my greatest extremitie she neuer left me saying that it was a righteous deed not to forsake him that was innocent I had a iust occasion and was desirous to die because I wold not be put to death by the hands of a hangman or liue continuallie in fear of mine enemies They which are deceitfull doe hide the truth but I told her plainlie that it was poyson which I would drinke and as I neuer refused her anie ●●ing so also had I not the heart to refuse her this last request and the rather because I was sorrie to leaue her in miserie as well for the griefe which I knew she would take for me as also for the anguish and trouble she should suffer to liue at the discretion of such kindred as you are who would neuer haue cauilled for her death if the Will had bene made in your fauour and if she had died intestate you would haue quarrelled amongst your selues for her inheritance And where you say that I dranke the first draught it is true because I did not only alwaies vse to drink before her but also because I hoped by this means dying first to shun the greefe I should sustaine to see her die before me Moreouer the poyson was not of such qualitie as you say no worse in the bottome then it was aboue for that which could not infect all the drinke would be lesse able to infect or kill anie bodie likewise I am sure that I did drinke a sound draught more then the halfe But I doe now know to my great greefe that my wife was more tender then I wherefore she is dead with that poyson which was not of force inough to kil a man more strong Also you need not demand that seeing I was desirous to die why I would not make an end of my selfe when I saw my wife dead for touching this point they cannot iudge thereof which haue not ben so neare their death as I was for they know not how horrible it is in such an extremitie and especiallie euery violent death but more chieflie that which is slow and draweth on by leisure wherefore before you can iudge rightly thereof you ought either to haue tried this extreame point or at the least to be as neere your death as I who shall neuer be sound againe nor of anie long life Wherefore it is not for couetousnesse that I require my wiues inheritance but thereby to haue meanes as well to eternise her good renowne as also because I wold not suffer her last Wil to be abused Declamation 44. Of him who hauing giuen ouer and forsaken two of his children would not leaue the one of them with him that had fostered them vp IT must here be considered that in times past amongst the Grecians it was lawfull for such as would either to slay their children or to forsake them and leaue them at all aduentures and the law was such that if anie did find them and bring them vp it was at the fathers discretion to redemand and take againe his child paying for his nursing Wherevpon it happened that a father through pouerty was inforced to leaue two of his children being twinnes to the mercie of the world which children another man chanced to find and caused them to bee nursed thinking to keepe them as his owne for he had none It likewise chanced that within a certaine time after the father who had forsaken them became rich so that he desired to haue his children again and causing them to be sought out he which had fostered them came vnto him saying that if he would let him haue one of them he wold giue him the other and he should chuse which of them both he would haue the father agreed therevnto but seeing the children he tooke them both againe The foster father summoned the father to the law for one of them the father defended himselfe saying HOw wouldest thou haue me make partition of my children with thee seeing that I made a refusall thereof especiallie to the mother which hath conceiued and born them I haue begottē them both I haue desired them both I tooke paine for them both they were both borne
repaired by sauing the life of a wicked caitife for that is no satisfaction but rather a double offence vnto the Commonwealth Moreouer those children which should bee borne by the marriage of a rauisher would serue but for witnesses of their fathers shame and the wrong done vnto our stocke the which ought not to bee increased by him that had doublie wronged them hauing not onelie iniuriouslie assailed the house of an exile although the affliction of the afflicted ought not to bee increased but also after hee had wronged him without anie shame at all comming before him he first made him priuie to the iniurie and in a manner both constrained him to consent vnto it and to allow thereof wherein then haue I offended By complaining of the iniurie done to my absent father I cannot be either forsakē or disherited becaus I haue done but according vnto law Likewise my father who was so far off from the place where the wrong was committed could not well iudge thereof seeing that his griefe being absent could not be like ours that were present and also thee state wherein he was together with his age made him to indure wrong better then I could Furthermore the adulterer knowing the horriblenesse of his crime went to make his agreement with him who was ignorant of the truth and returning hether hee renued the iniurie prowdly commanding vs to like of his marriages by vertue of certain letters that it may be he either obtained by force or at the least gained by frawd No man is vndone too late at anie time but a manifest vndoing is it to giue ones daughter vnto such a one as with the helpe of such wicked impes as himselfe hath both defloured her and dishonoured her breaking into our house by force of armes I beleeue he would neuer tell you all this father or if he did tell you and you were content therewith or that you bewaile his death anie more you are no lesse faultie then he Declamation 55. Of him who gaue ouer his betrothed wife vnto his sicke son A Certaine man had two sonnes neuerthelesse hee was betrothed or made sure vnto a yoong maiden with whom one of his sonnes became so far in loue that he fell sicke and no doubt he had died if the Phisition had not told his father that his sonnes disease proceeded of loue wherevpon the father came vnto his son praied him coniured him and lastly threatned not only to curse him but also to kill him holding his sword in his hand if he would not manifest vnto him the cause of his sicknesse and what she was whom he loued wherfore the sonne seeing himselfe in such an extremitie trembling and weeping confessed that hee was in loue with his mother in law the father to saue his sonnes life yeelded her whom he had betrothed vnto him and caused them to be married together The other sonne who was enuious against his brother accused his father to haue lost his wits the which the father denied saying IT is thou that hast lost thy wits or at the least art vtterlie blinded with passion and ill will so that thou wilt be the cause that euerie man will bee amased at such an act as was neuer seene that a mother in law should bee more pittifull vnto her sonne in law then thou art vnto thine owne brother Callest thou that want of vnderstanding when by my wisedome I saue my son in granting him her who in no sort was aggreeable for me I say that in keeping her from him I should haue lost my wits seeing that she might haue done ill I might not haue done well and my sonne should haue died I am sure that he loued her better and more feruently then I did therefore is she due vnto him what wrong do I thee Art thou angrie to haue thy brother and not a mother in law I did draw the sword before his face the which no man could take foorth of my hands but only himselfe in confessing the truth Lastlie all that a father doth to saue his sonnes life is not onlie very excusable but to be accounted for exceeding great wisdome and iust pittie The Answere IT had been better for my brother to haue died then to haue caused his concupiscence so apparently to be disclosed Seeing the best that can bee said of him is that hee was healed by adulterie that you haue saued him by execration and she hath holpen him by abhomination Why may not that bee tearmed worse then adulterie which is done chieflie by the commandemēt of the husband I know not whether you haue shewed your selfe more mad in betrothing this woman or in forsaking her or els in marrieng her againe with your sonne But how farre besides himselfe is hee that thinketh it a good deed or a good turne to commit whoredome A wise man no doubt that drew his sword not to punish adulterie or to eschew the slander thereof but rather to inforce his wife and sonne to commit adulterie together My brother ought rather to haue perished then to bee cured so perniciouslie but suppose that if he had lusted after his sister or his mother ought hee to haue had either of them These remedies are more dangerous and more greeuous then danger mischiefe or death it selfe But all this hath ben compacted betwixt the son the betrothed woman and the Phisition who likewise claimed an interest therein And thus the disease the cure and the adulteries proceeded of your follie Declamation 56. Of a man that is found dead in his bed his wife wounded and the accusations together with the witnesse of a child IT chanced that a certaine man being a widdower that had a sonne married his second wife by whom hee had another son and because his first sonne did but badly agree with his mother in law the father gaue him part of his house which was neuerthelesse diuided with a wall so that they were seuerall likewise this old man had a receauer or factor which was a yoong man and a faire so that this man was somewhat suspicious that he loued his wife which iealousie was not a little increased by the sonnes persuasions so that therby oftentimes there chanced such braules betweene them that his ●actor and he were vpon tearmes of parting Wherevpon it happened that shortly after the nieghbors through the wiues exclamatiōs ran into the house where they found the goodman slaine in his bed his wife wounded and so much of the common wall broken downe that a man migh teasily passe thorow it wherefore not only the sonne but also the factor was suspected to be guiltie of this murther and hauing apprehended them both they brought them before the child being of three yeares old who did lie in the same bed and asked him which of them it was that had beate his father the child pointed with his singer vnto the factor wherefore the son accused him for murthering his master but the factor through the breaking of the
that which I alleaged in my owne defence was more to saue my life then to salue the law which being once corrupted would be farre more preiudiciall vnto others then vnto me who if the worst doe chance can haue but a bad choice when I must be constrained either to marry such a one as desireth my death or els die for one whō I loued too dearely Thou art not only the procurer of my shame but also of my slaughter for the scaffold the hangman the sword the bands and lastly my death are all readie prepared for mee and that onely by thy meanes Will not al men thinkst thou say these are too manie euils to be borne at one time vnlesse thou mightest be likewise a partaker therof Doost thou not know that ouerferuent loue depriueth a man of his vnderstanding And that the law neuer punisheth those that offend for want of wit They then are to be punished that offend through malice or hatred and not such as sinne through want of discretion or too much loue Thou seekest my death because I denied the deed but I say my deniall maketh me more worthie to be excused for thou canst not say but that it proceeded either for want of remembrance of the deed being void of sence when I did it or els because I was sorrie or rather ashamed for mine offence wherefore if the worst doe happen the one cause freeth me from punishment and the other maketh me worthie to bee pardoned seeing that to euery noble heart sorrow shame and repentance for misdeeds are three punishments more worse thē death which doth speedilie free vs from all miserie and impossible is it for anie man to escape it how soone or late soeuer it commeth nay rather in prolonging of our liues we lengthen out our miserie But I pray thee tell me seeing thou hast chosen me for thy husband am I not the same Wherefore then wilt thou kill thy husband when thou meantest to saue thy rauisher Therfore I may say that herein thou resemblest the shee wolfe When thou diddest demand mee for thy husband thou diddest not then know me to be honest and shamefast or that I would doe my best to conceale thy shame and my discredit and now thou hast tried mine honestie thou seekest mine ouerthrow so that it seemeth thou art more angrie in that I am ashamed of my follie then thou art aggreeued with my fault why art thou angrie Doest thou not know that loue wine and women do make the wisest witlesse as Salomon Sampson Hercules Lot Noe and an infinit number besides doe witnesse likewise the night is void of shame so that it is lawfull by day to denie the faults of the darke Thou diddest chuse me for thy husband therefore thou maist not reuoke thy choice nor the iudge his sentence nothing can be more politick or profitable in a Common-wealth then the performance of euerie sentence that is giuen and the obseruation of ancient lawes Whereby I conclude that if thou be permitted to chuse twice the law is false for neuer did anie maid doe the like then seeing thou art no better then others thou oughtest to obtaine no more then they The maidens Answere I Knowing thy malice and that he which is not ashamed to commit a fault wil neuer be ashamed to denie the fact did not chuse thy death which thou deseruedst but thy wedding whereof thou art vnworthie thereby to make thee acknowledge thine offence the which thou wouldest neuer haue done haddest thou not ben conuinced by most apparent witnesse so that it cannot be said that thou meantest to hide my discredit but rather to make it more euident by the testimonie of diuers and thou diddest not care if I had been found a lier They which are ashamed sorrie or repentant for their misdeeds haue not the face to denie so audiciouslie their misdemeanors but thereby it appeareth that before thou diddest commit the fact thou thoughtest to escape by thy falshood My choice was of no value seeing the crime was not verified neither art thou my husband seeing by thy deniall thou hast affirmed that I had no action at all to demand thee I do craue then the death of the malefactor that would not take the aduantage of my mercie Likewise the law maketh no mention how manie times I am to make my choise but onlie that I may chuse the one or the other must not the choise for the offence be effectuall it hath not yet been because that hee himselfe would not haue it effected I haue not then chosen but indeuoured to chuse if hee had not by his deniall hindered my choise Yet now seeing the deed is no more doubtfull I doe chuse his death as well because in going about to prooue my allegation false he sought to take away my life or to take me with double infamie the iudge cannot giue away my right therefore in causing him to die he shall satisfie those points which he saith are requisit in a Common-wealth Declamation 69. Of him that would be paied for his house wherein a Tyrant was burned A Tyrant seeing that he was besieged in his castle or fortresse fled vnto a Cittizens house to hide himselfe Some one of the tounsmen being aduertised thereof burned the house and the Tyrant within it for which deed hee obtained both the honour gained the reward belonging therevnto and likewise receiued many presents and gifts from the citizens Which when hee whose house was burned did perceiue he required to be satisfied for his losse by him that set it on fire but the other refused to pay him any thing at all saying VVHerefore diddest thou receiue the Tyrant Why couldest thou not driue him foorth or slay him What was the reason that hee fled to thy house rather then to another mans What cause had he to think himselfe more sure in thy weak cottage then in a strong castle Why doest thou esteeme thy house better then the Commonwealths benefit Must you that neither killed the Tyrant nor yet reuealed nor brought him forth that he might be slaine be partner of the reward I affirm and do verily suppose that thou bewailest his death and it is verie likely that either thou wast his friend or his seruant at the least thou canst not denie but that thou wast his host yea and I assuredly beleeue that thou didst watch of purpose to saue him from perill a mā might easily accuse thee to be one of his confederats and that thou diddest offer him thy house seeing that therein he thought himself more sure then in anie other house besides It were farre better that one hundred houses much fairer thē thine should be vtterlie lost then so vild a Tyrant as he should be yet liuing Nay it were better to see a citie quite raced down to the earth then the Cittizens should bee continuallie spoiled by tyrannous crueltie without all hope of amendment Seeing then that for the common good so great losses are so