vnto her in whom I liue for water farre of doth neuer quench fire hard at hand the planets doe chieflie compell vs to loue therefore doth Venus shew her selfe to be more strong then Mars and that which is more no other law then that of nature can be giuen vnto louers for it seemeth that loue is a diuine and humane essence all in one subiect wherby it happeneth that true louers are most apt to sustaine great trauailes for loue is no other thing thē a contemplation of the thing beloued but the louer is such as the thing beloued is therefore was I inforced to become such as my mistris was Lastlie being constrained by all these abouesaid reasons I am more then excusable for of all the parts in a mans bodie the heart is the noblest and the noblest part of the heart is loue therfore it may be verie well affirmed that he which knoweth not how to loue well hath a bad heart To conclude it must be considered for what intent vowes are made as for mee I made mine to the intent that I might bee neere vnto my best beloued in seeking to depriue me of this intention my vow should be broken and if it be so I will make no other but you cannot say that it is all one vow seeing that there is great difference betweene the obeying of a man the seruing of a woman religious men ought to be learned and to haue such other perfections whereof I am not capable whereas amongst religious women obedience onlie with humility is sufficient for which cause I will not make anie other vow then that which I haue made but as I said at the first I submit my selfe to bee iudged according to the law beseeching that the glose thereof may bee as farre from crueltie as it is fittest for men to vse clemencie The Bishops answere IF I had not assuredlie thought that thou wouldest haue refused my proffer to make thy selfe a religious man I would neuer haue offered the same vnto thee being as thou art vnworthie of so great a fauour but I intended by this meanes to manifest by your owne tongue your wicked intention to the end that you might bee worthilie punished therefore and neuer say that if no law mention of the like fault as yours is that therefore you should remaine vnpunished for it may be there was neuer such a cursed deed heard of before or the lawmakers thinking that such a fact could neuer bee committed made no mention thereof as Licurgus made no law against such as murthered their Parents imagining that none could bee so wicked as to commit such a crime therefore would he not mention such a detestable deed but doe you thinke that for all that the Lacedemonions would haue left to punish those grieuouslie which should haue committed the same that they would not haue inflicted a punishmēt as rigorous as the fact was rare No doubt they would for when offences are execrable the punishments must bee the more extreame to stop altogether the passage vnto such vices and especiallie in such a case where the accusation is not publicke it were most expedient that the punishment should be secret but the more seuere that the same being knowne of few men the crime might bee lesse manifest and the terror of the punishment more great For so during the Consulship of Terentius Varo Lucius Cantilius Chancelor to the Bishops hauing committed adulterie with Florania a Vestall Nunne was in the place called Comicia the gates being locked vp so beaten with rods by the bishop that hee died with the blowes which ought to serue as well for an example as a law vnto this fellow whose fault is more foule What punishment then shall be sufficient for your adulterie Whereof you seeme chieflie to boast and to approoue the same by your reasons no lesse friuolous then detestable by the which it should seeme by your saying that incests and adulteries ought not to bee blamed prouided that thereby the generation of mankind bee encreased alasse how more happie were it that neither you nor she had euer been borne then that you should be the occasion of such a scandale seeing that it were better that he which scandalizeth the least of the Christians were throwne into the sea with a milstone about his necke What doe you call loue A vild carnal concupiscence As much or more common vnto brute beasts then vnto reasonable men who cannot vse it lawfullie but onelie in marriage to the end to bring forth children Wherefore Saint Paule doth verie well say That Whoredome is surely one of the greatest sins and most hurtfull vnto man seeing that euerie other sin is without him and whoredome consumeth both his bodie and his soule making him the one halfe of an harlot when he is created for no other cause but to bee the Temple and dwelling place of God Why doe you not say then in steed of your leasings that an harlot is a hell wherein God suffereth those which forget him to bee drowned and that filthinesse is the reward for the infidelitie of men O wicked wretch how darest thou then looke vp into heauen or behold the earth the one being the seat the other the footstoole of God Whom because thou doest forget thou art vnworthie of his fauour If whoredome committed with profane women be detestable what shall wee say of adulterie with such as are religious who are consecrated to God Seeing that the Romanes when as yet they were ignorant of the truth did burie their Vestall Nunnes quick that suffered themselues to be defiled You say wel That louers are blind of vnderstanding see then the cause why those are to be punished which suffer themselues to fall into such blindnesse that proceedeth of nothing but idlenesse gluttonie which prouoketh luxuritie therfore ought you to haue shunned these two vices but you might haue escaped the third the which as you haue sought it so are you fallen into it Surelie all men are tempted and the greatest temptation is not to be tempted at all because then we forget to be men but vertue appeareth in the resisting against temptation which you hauing neglected you haue not only tempted but defiled the spouse of Christ What fire or torment may expiate so vild and abominable wickednes And surelie you haue refused as one that is vnworthy to doe pennance in religion hauing first defiled the same making the holie vow thereof to serue for a cloke vnto your filthinesse Let then the bull of Perillus be put in vse againe and as he made the first experience thereof so be you the first that must bee punished more rigorouslie then euer anie heretofore hath been seeing that your adulterie the like whereof was neuer heard is the cause that a new law must bee made to terrifie such as would follow you Lastlie immitating the example of God which would not the death of a sinner I haue called you to repentance not without great suspition
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 forsakeÌ„ 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 commandemeÌ„t 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 â—actor and he were vpon tearmes of parting Wherevpon it happened that shortly after the nieghbors through the wiues exclamatioÌ„s 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
the chast What will bee said if all the world will affirme with me that thou art dishonest Except one man onely and he but a stranger which saith thou art chast wherefore the praise which hee giueth thee and the false testimonie which he alleageth for thee doth as much harme thee as my true accusation doth hurt thee A goodlie matter no doubt when no man assureth mee of my wiues honestie but a common whorehunter he saith that thou art to thy husband constant and I affirme the contrarie who is more worthie to bee beleeued a Cittizen or a stranger A husband or a whoremonger Imagine O you Iudges that if this womans shame were not too apparent I would rather haue dissembled it then haue brought it to this extremitie for he which discouereth his wiues faults doth but shame himself but I remember that notwithstaÌ„ding that Caesar could not get Claudius to be conuinced of the adulterie wherewith he was charged for being found in Caesars chamber in womans apparrell yet did not he let to put away his wife saying That it behooued Caesars wife not onlie to be free from shame but from suspition Wherfore there is no reason that I should keepe her that is publikely defamed The Answere for the woman THat woman which is either beloued or courted is not to be deemed therfore the lesse chast for a womans reputation and good name depends neither vpon the malice nor follie of men who doe alwaies most desire those whom they haue least hope to obtaine modestie being the speciall reason that prouoketh a man to fancie a woman therefore they affirme that beautie doth onlie ingender lust but vertue is it that most winneth loue and like as vertue is neuer knowne but when it is tried so also doth it most appeare in the resisting of vices But what can a woman doe withall if men doe loue her or if they bee vicioâ—s or importunate It is impossible to hinder anie one from louing especiallie seeing the Philosophers affirme that the first motions of our owne passions are not in our power but afterwards they may be brideled by reason what power then haue wee ouer another mans passions Concerning the testimonie of the testator there is more likelihood of truth therein then otherwise for if the truth be euer spoken it is when wee must forsake this false world and it is to bee supposed that he bequeathed his goods vnto her as well because the womans chastitie had not onely increased loue in him but also had conuerted the same into holie loue for the constancie of the woman changed the mans vice into vertue so that by this good deed hee thought to requite the bad opinion which hee had wrongfullie conceiued of her before hee did throughly know her Wherefore I will onely say that if she be to be blamed for her beautie nature is the cause if in that she was alone her husband is to bee condemned if for being courted the louer was culpable shee did denie his request in that she was chast he made her his heire therein was she happie she accepted the inheritance therein she did wiselie whervpon she cannot be said to be faultie in any thing but it is your ouergreat prosperitie that hindereth you from tasting the sweetnes of her vertue Declamation 66. Of him that caused his eies to be pulled forth to gaine tenne ounces of gold the which was refused to be giuen vnto him IT was the custome of a certaine Commonwealth that euery Cittizen which was fallen blind by mischance should out of the common treasor bee allowed ten ounces of gold for his maintenance Wherevpon it happened that tenne or twelue disordered Cittizens which wanted meanes to maintaine their accustomed riotous cheare cast lots amongst them which of them should haue his eies pulled forth to the end that hee might receiue the abouesaid summe of gold to spend vpon good cheare amongst them it chanced as oftentimes it falleth out that wicked counsell is most hurtfull vnto him that giueth it that the lot fell vnto him that was the inuenter of this wickednesse Wherefore the rest tooke him by force and pulled out his eies and sent him vnto the Magistrate to demand the tenne ounces of gold but the Magistrat being aduertised of the manner of the fact would giue him nothing saying HOw long haue you been blind By what chance lost you your sight so suddainely Was it by doing anie good seruice for the Commonwealth I am assured it was not for it should be contrarie to thy custome because thou neuer diddest anie vnlesse thy follies and disorders should be accounted for seruice so that first it may be aduouched that thou art no Citizen for the honour of that name belongeth onely vnto the vertuous therefore such as resemble thee may bee iustlie tearmed the scumme and reproch of the Common-wealth Moreouer I am not ignorant that thou diddest suffer thine eies to be plucked out that thou mightest with thy companions continue as long as you could that beastlie life which you haue begun therfore both thou and they deserue double punishment they for pulling out thine eies and thou for suffering them for it is to the preiudice of the CommoÌ„wealth the which if thou haddest thine eies might if need were haue imploied thee as a pyoner in the wars or to doe some such thing but now the best that can bee done with thee should be to hang thee vp to the end that thou mightst no trouble vnto others but rather serue for an example vnto all Likewise it is to bee considered that the law should bee vniust if it should make men blind of purpose the law was made to comfort the afflicted but not for to buy them miserie needeth not to be bought being alreadie too abundant therefore it is better to refuse our liberalitie vnto one then to bee the cause that many others should make themselues blind we releeue those which for their blindnes haue need of releife but not those that plucke out their owne eies because they would be releeued The Answere AS it is not the Magistrats office to increase the affliction of the afflicted so likewise ought you not to wrong him that requireth but the performance or decree of the law which simply saith that euerie Cittizen being blind ought to haue ten ounces of gold Wherefore am not I a Cittizen seeing I was neuer reprooued by iustice or noted of infamie Also I haue wronged none but my selfe if I haue wasted my patrimonie I onlie suffer therefore and diuers Cittizens haue beene profited thereby I haue not then done the Common-wealth anie wrong in profiting manie As for the losse of mine eies my meaning was not that anie mans eies should haue beene pulled out but that the lot should haue ben cast by way of pastime onlie to laugh at him vpon whom it should light but lighting vpon me they pulled out mine eies by force wherefore there is great reason to punish them for the wrong which
Likewise he knew that Numa Pompilius did more conserue and increase Rome by his religion and good lawes then Romulus did in the building thereof by his wars the which to speak truth are verie necessarie in euerie new gouernement but where the people doe honour their Prince and he is in loue and peace with his neighbours there warlike men are more dangerous then defensiue the which we may see by the Romanes who neuer were ouercome but by their own proper forces also the souldiors which were in the citie were the destruction of the same Therfore those princes do wel who haue the means to send such people to exercise their furie in strange countries for armes are alwaies hurtfull in a countrie vnlesse it be for the defence thereof You say that because you haue beene in the warres your neighbours and strangers will stand in feare of you better were it for you to bee beloued of them for euerie one desireth their death of whom they stand in dread I would haue followed you to the wars my selfe if you had gone thether by commandement or consent of your father vnto whom it was griefe enough to bee disobeied by his son without encreasing the same by the like offences of his nephew for if I had followed your course I should haue thought that I might haue giuen him iust cause to think me none of his subiect much lesse his kinsman God graunt that this your ingratitude caused him not to doubt whether you were his sonne or not Touching Pirrhus his answere was as wicked as the end of his life was wretched And Perseus was ouerthrowne onlie because he trusted in his forces prouoking by his presumption the Romanes against him You say that I deserue not the gouernement 〈◊〉 your father being farre more wise hath iudged me worthie and you vnfit I will no further answere to your assertions which do as much discouer your impudencie together with your contempt of God and good things as also the malice which aboundeth in you but will leaue you to your owne discretion and will onelie conclude thus that all those reasons aboue said and it may bee the least onelie more then al the rest ioined together haue incited your father to giue me that which I deserue and I praie you compel me not to take that frō you which of my own liberalitie I haue bestowed vpon you Touching that which I possesse I doe so much trust in the sacred Maiestie of the Emperour as I am assured that hee will maintaine me in my right who am his most humble most faithfull seruant Declamation 5. Of Spurius Seruilius who defended himselfe against the people being by them accused for his cowardly fighting at the hill of Janicola NOt long time after that the Kings were banished Rome and that the death of Tarquin the last king thereof was made manifest the Consuls and Senat began to grow more prowd and couetous then they were accustomed and the people being on the one side ouerburdened with taxes and on the other side ouerlaid with vsurie and imprisoned for debts they began to rise against the Senat in such sort that they being in armes vpon the holy mountaine they would in no wise be persuaded to depart before there was granted vnto them that they might haue two Tribuns for the people by meanes whereof their insolencie grew to that heigth that when they had not warre abroad they troubled the Senat at home intending t◠set new lawes abroch and amongst others the law called Agraria and on the other side the Senat resisting their demands in that behalfe they were cited before the Tribuns and condemned sometimes into exile and otherwhiles great fines set vpon them by reason whereof some of them did voluntarily banish themselues before that iudgement was pronounced against them and others made themselues away by some kind of death before the pronunciation of the sentence amongst whom was Coriolanus who died in exile and Menemus the sonne of Agrippa who died with anger being condemned in 200 asses because in the time of his consulship he aided not the Fabians who were slaine at Cremera Afterwards Spurius Seruilius was accused that he was the cause that the Romans lost the batiaile at the foot of the mountaine Ianicola against the Tuscanes who defended himselfe courageously against the Tribuns saying after this maner NOt in vain did Plato say that the common people are like vnto the beast Polipus which hath many feet wanteth a head by reason whereof not seeing the way which he holdeth he ouerthroweth himselfe in like maner the ignorant people doe go on forward without anie consideration seeking their owne ouerthrow whilest they imagine to giue the Senate a fall and that which is worst of all they who ought to guide those blind men in a better course are such as by force would bring them into the bottomelesse pit of confusion or headlongdowne fall of rashnesse It is vnto you that I speak O you Tribuns yet no Tribuns but rather seducers of the poore people and scourges of the Common-wealth Surelie the Senat and people doe now receiue worthie punishment of their faults the one hauing desired the other hauing suffered you to be promoted to such authoritie Trulie worthie Agrippa did neuer doe other harme to the Commonwealth thinking to doe good then in appeasing the people with this cōdition that they should haue Tribuns appointed them as if at the length the people knowing the confusion of their weakenesse would not by the same meanes haue acknowledged their fault for without you they would haue vnderstood that the Senat executing right and iustice as it doth is inuincible as depending onlie vpon the lawes and the gods O Romans know you not that the kings haue honoured and in a manner submitted themselues vnto them And so long as they held that course they were like vnto the gods in honour and prosperitie but after that Tarquin the prowd would haue put downe the Senat he himselfe was exiled with perpetual shame to the confusion of all his posteritie O blessed people who then knowing what was needful for them did endeuour themselues to hold vp the Senat not suffering so much as that any kinsman or fauorer of the name of a king should remaine in Rome whervnto Collatin the rooter out of kings and one of the first Consuls who was banished onlie because he was by name a Tarquin was a witnesse they hauing no desire to suffer neither king nor Consull of his race Shall we then indure the tirannie of the Tribuns Doe you not say O you people that they would if it were possible abolish the Senat that they might afterwards tirannise ouer you for such is the manner of those who of nothing doe rise vnto some dignitie as through pride and ingratitude they doe make themselues intollerable which is to bee seene by these Tribuns who when they could not shew their pride ingratitude to Agrippa for the short
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
the Phisitions should be blamed or he who hauing an intent to kil a man and should lanch his impostume ought to be praised the which cannot be for when the intent is wicked the fault is no lesse so long as it lasteth but the wicked intent ceasing the crime doth end together with it Wherefore if I did amisse in persuading this man to kil mine enemie I did well in forbidding him to proceed no further in the same Touching this point that whereas neither the witnesses nor I haue aduertised the other There are manie men so bad to be dealt withall that one cannot aduertise them of anie thing without daunger of great reproch so also was it not reasonable to accuse one vnto the iustice which had not as yet offended also they were no more then witnesses that I did forbid him to hurt mine enemie but yet they knew not what had passed before betweene vs. Moreouer the remembrance of the short pleasure of reuenge and the euerlasting continuance of the ioy of mercie had made me repent that euer I had a desire of reuenge wherefore I did remit all vnto God without seeking redresse either by iustice or anie other way If then this misfortune be fallen vpon him for his sinnes or otherwise I am not to bee blamed and there is no reason which may make me an offender seeing that al the foresaid reasons mine innocencie and good meaning is prooued according vnto the which I require to be iudged by the equall doome of our iust iudges who doe verie well know that Socrates himselfe confessed that he was inclined to wickednesse as well as to Philosophie but that by vertue and the good spirit he resisted the wicked desire as I haue done thorow the grace of God Declamation 16. Of a woman that would forsake her husband because he stood excommunicate A Certaine man was excommunicated and accursed for disobedience to the church wherevpon his wife would needs be diuorced from him but he would not restore her mariage good but alleaged these reasons HAue you not promised me before the Priest and the assemblie of our kindred and friends to bee my spouse and lawfull wife And neuer to forsake me for anie chance whatsoeuer Haue you not alwaies bene partaker of my prosperitie Wherefore wil you then abandon me in my first aduersitie As for me I will not let for anie thing that may happen to esteeme you for a verie honest wife but I know not what others will thinke of your deed for as much as the custome of honest women is neuer to forsake their husband in anie matter nor for anie thing but they doe still abide constant with them in loue and vnitie and they do obserue the faith which they haue promised when they were not onlie made companions but euen the one halfe of their husbands seeing that men cannot and much lesse ought not to seperat those whom God hath coupled together by marriage which is the most ancientest most holiest and most approued by God of all other whatsoeuer for God himselfe did institute the same not in the world but in terrestriall Paradice euen when man was yet in his innocencie and afterward he honoured this holie estate with the first of his miracles that he wrought at the mariage in Cana of Galiley where he turned the water into wine Moreouer you must consider that God tooke from man the substance whereof woman mas made to the end that she might thereby be bound not to forsake him wherefore Saint Paule saith that woman was created for man and not that man was made for woman in like sort the words of our God himselfe doth witnesse the same when he saith It is not good that man should be alone let vs make him therefore an helpe what libertie then hath the woman to forsake her husband Although it was by the woman her prouocation that man sinned and was iustlie cursed by the mouth and power of God yet would he not for all that seperate them but gaue them hope of saluation if they remained together For he saith that like as by a woman sin came into the world so also of a woman should he be borne which should ouercome sinne and death Saint Paule also biddeth the beleeuing wife to abide with the vnbeleeuing husband saying Woman what dost thou know whether thou shalt saue thy husband or not Wherefore then will you forsake me Whether it be by right or wrong that I am sequestred from the church yet am I not vtterly excluded from the same time may make it known whether I deserue to be excommunicated or not and although I may haue deserued it yet contrition and Gods fauour cannot be denied vnto me now is the time that you ought not to forsake me not so much as with your eie onlie if it were possible were you but such a wife as you should be Trulie a wife can giue no greater token of her chastitie then by shewing a perfect friendship and an inseperable loue vnto her husband for they are shamelesse and immodest women that doe change their loue according to the fortune of him whom they faine to loue how manie haue there been found euen amongst modest women that haue with a maruailous constancie continuallie loued and followed their friends as Thisbe who followed her Pyramus and would liue no longer after his death Briseis followed Achilles Ariadne Theseus Medea Iason and the concubine of Alcibiades he being slaine betweene her arms when she could not better prouide for him she wrapped him in one of her best garments to burie him will you then bee much lesse constant then vnchast will you imitate and be accounted like vnto Clitemnestra Thebe Helena and other bad women Doe you not know that such as are good are alwaies honourable euen after their death As Alcest who willinglie desired to die to saue her husband Admetus his life the famous Iphias seeing her husbands bodie burned would in no sort forsake him but leaped into the same fire and was burned with him Hipsicratea because she would not forsake old Mithridates her husband did cut off her faire haire and being armed did alwaies serue him as his companion in the wars Cornelia also neuer abandoned hir Pompey but followed him into Aegypt where he was slaine Octauia the sister of Augustus would haue followed her Marc Anthonie in all places if he would haue suffered her although he loued Cleopatra yet so long as she liued she maintained him in peace with her brother Triaria the wife of Lucius Vitelius did also accompanie her husband in the warres she being armed as he was What shal we say of Hersilia Hiperminestra Laodemia Oenone Clita Arganthona Democrita Gumilda Caia Valeria Terentiana Iulia Arthemesia Panthea Sosia Tarsa Paulina the wife of Seneca Portia Turia Sulpitia Aegeria Alcione Procris Camma Sara Michol an infinit number of others which are all famous for the great loue which they did beare vnto their husbands wherefore
mine intent I will not say for my defence that her husband hath rather ben the cause of his death then I seeing that he would needs passe by such a place where manie men were fighting for not onlie they which are wise and well aduised do shun the like meetings but also fooles children and the verie brute beasts doe flie from them as touching the criminall coniectures that it was a thing done of set purpose the sharpe pursute of mine enemies doe sufficientlie excuse me and if there be anie other proofe more sufficient then hers of such a fact trulie I will condemne my selfe as worthie of death but being otherwise I cannot be so where she saith that I ought not to throw stones at anie man I answere that he which would iudge of that it were fit that he did prooue the like daunger as mine was to affirme also that to haue manie enemies is a signe of a wicked man is a verie absurd iudgement for it is often seene that the good are hated as well as the bad and that which is worst It is of the wicked that the good are hated so that they are in far greater danger and verie often constrained to defend themselues euen so it fell out with me But who was or euer shall be milder then Socrates And who had more wicked enemies then he who neuer ceassed to slander him euen to the procuring of his death as an offender What shall we say of Phocion and of Aristides likewise of Solon and Licurgus and of the great Scipio Africanus I passe ouer with silence our Sauiour Christ and other Saints least I should prophane their holie names in placing them amongst other men I am not be alone then that hath enemies neither ought this mishap impaire my reputation or make my cause the worse in anie sort Finallie there is no fault so little that cannot be greatlie aggrauated if anie man will seeke for circumstances as this woman doth who would prooue the Common-wealth and so manie persons interessed that it seemeth by her speech that her husband was immortall but I demand if he should haue died of an appoplexie or some other sudden death whether should not the losse haue ben all one But it is the manner of women to make the wrongs which they receiue seem great esteeming those which they commit verie little wherefore it were superfluous to answere her tedious accusations which is the cause that referring my selfe as well vnto the mercie as to the equitie of the iudges I will attend their iust sentence Declamation 18. Of Sergius who fought against his enemies without aduertising his fellow Virginius thereof and therefore is not aided by him SErgius and Virginius both equall in authoritie were captaines in the Romane army before the cittie of the Veies Sergius was encamped on that side where the Tuscanes might come to releiue the besieged cittie and Virginius on the other Now it happened that Sergius was assailed of the Tuscanes and fought with them without requiring aid of Virginius so that part of the campe was thereby discomfited he being returned to Rome accused Virginius for not aiding him and said thus WHat profiteth wisdome courage and dexteritie in a commander when enuie alone is farre more able to hinder him then all these vertues together are able to further the aduancement of his seruice that desireth to profit the Common-wealth Euen so is it happened vnto me for although Virginius and I did both together imploy all our best means to besiege and take the citie of Veies for the honor and profit of the Senat and people of Rome yet were we neuer able to doe anie seruice of worth but on the contrarie we receiued dishonor and hurt by the onlie enuie and ambition of Virginius Neuerthelesse what haue not I done to allure him vnto kindnesse and to persuade him to be carefull of the safetie and honor of the Commonwealth I haue alwaies giuen him the chiefest honour and held him not as my companion but as the only Generall commander of the enterprise yea and leauing vnto him the place of most aduantage I did encampe my selfe both where the greatest danger and most concourse of the enemies was thinking by that meanes not only to induce him but also to bind him more straightlie not vnto my aid but vnto the common good of the whole armie and his owne honor yet what haue I gained with all this dutie and true humilitie nothing at al but only thereby increased his malice pride and ambition I therefore considering with my selfe how hardlie two Generals in one armie doe performe anie enterprise fortunatlie and how on the contrarie by the diuersitie of their opinions wits they doe oftentimes not onlie procure one anothers mischeife but also sometimes put the Commonwealth in great danger as Terentia Varo did at Cannas when he gaue battaile against the opinion of his Collegue did rather desire yet further to abase my authoritie in respect of his honouring him as my superiour in all lawfull things but all was vaine for as much as those actions which doe serue to gaine the loue of such as are modest doe increase the pride and insolencie of those that are prowd for they doe attribute that vnto cowardlines which is done by modestie and wisdome which men Virginius desired to follow for he seeing that I to gaine his fauour did oppose my selfe vnto the greatest daunger for his securitie and defence did presume that I did not this noble act to induce him vnto the like aiding of me but that I did owe him this honour wherevpon he did not only forget that I was his companion but also he would not performe the dutie of a good Generall for how can he be a good Generall that seeth anie of the inferiour captaines in daunger to be ouerthrowne and will not send him aid Paulus Emilius ceassed not to fight but did willingly die in the battaile although that Varo began the same against his aduice the which I haue not done for it is well known that I would not fight against your will seeing that I encamped in that place to no other end but onlie to make head against the Tuscanes if they came to molest the campe to raise the siege or to hinder our enterprise yet neuerthelesse you had rather suffer the Commonwealth to be hindered then to affoord me your aid in so great an extremitie especially seeing that by that meanes we might happily haue ended our enterprise for in succouring me the Tuscanes had ben discomfited and no doubt the besieged could not haue chosen but of necessitie must haue yeelded but you rather desired my losse and dishonour then to haue your owne profit and honour ioined together with mine which had been but a small matter if all the Romanes had not ben therewithall greatly hindered The gods forbid that I should say that you had intelligence with the enemies but I am very sorrie that you giue occasion vnto many to
that due punishment which he deserued wherfore the Prouerb may be trulie verified by him which saith That the gallows is not so much made for the theeues as for the vnfortunate for if he had not ben dead the witnesses of his iniquitie would haue proceeded as they ought who as mine aduersaries saie doe forsake me in my need yet not for those reasons which they alleage but because they are corrupted as well by the bribes of the widdow and kindred of the malefactor as also by the importunate requests and threats of others more mightie then they for such is the miserie of our age that men are now more easie to bee corrupted then euer they were moreouer I cannot but suspect that his kindred fearing least the truth should come to light haue poisoned him in prison yea and it maie be by his owne consent doubting that although all the witnesses might be verie well corrupted yet if I my selfe would haue ben bound vnto the racke against him to haue prooued to his face that my accusation was most true I was not then the cause either of his imprisonment his discredit nor yet of his death but his offence was the occasion of all yea and by his death he hath depriued me of the means to prooue the same thereby to bring my reputation in question and that it is so if anie of these stout fellowes my aduersaries who now thinke to face me out at their pleasure will maintaine the innocencie of their dead kinsman against me vpon the racke I will not onelie there aduenture my credite but also my life the like will I also doe against the prowdest of those witnesses who being corrupted with bribes are become dumbe But let a nie one shew me some reason whie I should accuse him wrongfullie seeing that twixt him and mee there was neuer anie malice quarrel or other occasion whereby it may clearelie appeare that the true and onelie zeale of iustice inforced me to accuse him for otherwise I had no reason to procure so manie and so mightie enemies against me To conclude by the foresaid reasons it maie appeare whether he himselfe hath not ben the cause of his owne mischiefe therfore none but himselfe deserueth to be blamed or harmed for it Declamation 35. Of the sonne of abondwoman which would disinherit his brother THe law of bondmen or slaues is yet in Spain that those which haue bought them be they Christians or no they may kill them or make them doe what they will Wherevpon it chanced that a man bought a maiden slaue and hauing lien with her shee bare him a sonne some few daies after shee died wherefore the foresaid man bought another bondwoman to nurse vp his sonne and he did so much also with her that shee likewise brought him forth another sonne shee liued with him and ruled his house till that the children were great and that the father happened to die who by his Will appointed that the eldest brother should part the goods and the yoongest should chuse He made no mention at all of the woman so that she still remained a slaue and the eldest sonne tooke occasion thereby to defraud his brother of his inheritance or pretended patrimony for to make his partition he placed the mother of his brother on the one side and the goods on the other saying chuse take thy mother and leaue me the rest of the goods or take the goods and leaue me thy mother the other seeing this extremitie would not chuse but accused his brother of deceit or punishable cousenage saying THe law commandeth and the Will appointeth that thou oughtest to part and I ought to chuse but thou neither hast parted nor yet can I chuse for the dutie and loue which I beare vnto my mother compelleth me not to leaue her and especiallie at the discretion of so wicked a man as thou art seeing that thou inforcest me to three extreames the one is to forsake my mother or to disherit my brother or lastlie to compell mee and my mother to liue continuallie in pouertie Great is thy malice to inforce mee to become as wicked as thou art callest thou this a partition to place all the care on the one side and all the goods on the other My mother is growne old in the keeping and increasing those goods which thou wouldst vsurpe and now being weake and vnprofitable thou wouldest haue her to die for hunger with me or els that she shold abide in extreame miserie at thy discretion doest not thou know that thou art the sonne of a bondwoman as well as I Yea and that thy mother neuer got thee anie good toward houshold but my mother gaue thee suck and nursed thee what ingratitude can then bee more great then thine Make such a partition at the least as I maie remaine without blame in the chusing and yet not quite without liuing If deceit or punishable cousenage is distinguished by taking from any maÌ„ that which is his then thou doest worse for thou not onlie leauest me nothing but thou increasest my miserie this is not the first time wherein the deceiuers doe seeke to cloake or coulor their deceits with some law or statute vnhappilie wrested but I hope that the Iudges will haue a respect vnto my integritie and reprooue thy detestable iniquitie The Answere I Haue parted better then thou canst chuse wherfore there is no abuse in the partition but in the election For on the one side I doe set thee riches and on the other side immortal honor for louing thy mother best which shall serue for an eternall memorie and glory How manie are there that would buy such a felicitie with the price of their liues As Curtius who for the good of the Commonwealth leaped headlong into a burning gulfe Sceuola burned his hand because he missed the killing of Porcenâ—a Horatius fought alone against the whole armie of the Tuscanes and defended the bridge which he caused to bee broken downe behind his backe Hercules and Alexander fought for glorie not onlie against men but also with lions and other beasts why wilt not thou then gain this glorie when thou maist obtaine it without anie danger of thy person Lastlie seeing that profit and honor cannot goe together and that thou shunnest honor leaue it to me and take thou the profit I had rather haue the renoune to loue my stepmother better then thou dost thine owne mother then to haue all the goods in the world moreouer he carrieth away no small portion of the patrimonie which shall haue her who hath long time gouerned the whole as thou confessest I am of the mind that our father left her still a bondwoman to the end that thou shouldst haue no other thing but her or at the least that by the same it might bee knowne which of vs is most worthie I doe not say that I will not giue any other thing vnto thee but I would first see if thou deseruest it and that thou
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
comming to redeeme me at the beginning of my captiuitie what man is so old that could not saile so small a way as I was from you wherefore seeing you did it not you ought to thinke well both of him and me for he hath restored me vnto you and I would also make him yours If you disherited him because hee was wicked hee is no such man seeing that he hath ben so charitable towards his father brother and vnto all those that loue vs. Lastly as I cannot compell you to giue me more then the law appointeth so cannot you take that from me which you giue me not but it appertaineth vnto me presently after your death euen as you receiued it from our grandfathers seeing that I neuer offended you in anie sort vnlesse you will account the dutie which I vse towards your sonne and my brother for an offence The fathers Answere I Am constrained against my will to disherit you both twaine seeing that you both take pleasure in displeasing me wherefore I must imitate the phisitions who in extreamest diseases vse most dangerous remedies and as the Chirurgions do oftentimes cut off the members to preserue the rest of the bodie so must I seperate my sonnes from me who are agreed together to anger me thou wouldest haue mee take him for my heire who hath tried the law against his father for his patrimonie what will not hee attempt then to abridge my life for the rest of my goods But thou must consider that the law doth allow thee only for a minister or administrator of the patrimonie but not for lord thereof and therefore thou canst not adopt thy brother For the same law which condemned me to giue him his part restraineth thee to adopt him seeing that hee is aboue the age of thirtie yeares for children also and such as are in their minoritie ought to be adopted moreouer he is thy brother no more seeing he hath let to bee my sonne But how canst thou adopt anie one for thine heire seeing thou art yet belonging to me Or if thou art not mine how canst thou inherit my goods How wouldest thou haue power ouer thy brother seeing thou wilt not suffer mee to haue the like ouer thee If he haue deserued anie good at thy hands thou oughtst to intreat me for him and not to vse your owne authoritie Want of means and oportunitie hath hindred me from redeeming thee and thou wouldest against my will giue that vnto mine enemie which in spight of his teeth he was inforced to leaue me O worthie Iudges I beseech you see vnto what extremity I am brought seeing that one hath taken away part of my patrimonie and the other would that hee should haue the whole Declamation 42. Of the husband who gaue two children vnto his wife without telling her which of them was her owne A Certaine woman died in childbirth of a sonne whom the father sent to nurse into the countrie and within a few daies after hee married a yoong wench which he had alreadie got with child shee about a month after did also beare him a son whome he in like sort did send abroad to be nursed handling the matter so well that not any besides himselfe did know which was the first or the last child About three yeares after he made the children to be brought home to his house and would not tell his wife which of them was hers Moreouer they were both of them so like the father and so little like the mothers that shee could not that way discerne them whereupon she accused her husband of bad vsage who denied it thus saying WHerefore doest thou weepe for thy child seeing thou art sure to kisse him and see him euery day if thou wilt I would long since haue tould thee which of them is thine if I had not knowne that thou art as desirous to shew thy selfe a stepdame to the one as a mother to the other Consider only that the one is thy son and the other is his brother and thy husbands son loue them then for their owne sakes or els neither loue nor hate them but I perceiue that whilest thou desirest to be a mother to the one thou art a stepdame to them both If thou doest constraine me to tell thee neuer imagine that I will tell thee the troth wherefore I will not deceiue thee as a mother but as a stepdame Nature her self determined that they should be like each other to the end that they should be both thy children Thou mightest very well know which of them is thine if the desire which thou hast to hate the one did not hinder thee wherefore behold the one or the other with the eie of a mother in law and it may bee the same will bee thine owne Long since should I haue told thee the troth if thou hadst ben lesse importunate to enquire it I will that thou alone shouldst inioy this benefit either to haue one sonne in law without being a mother in law or els to haue two children without hauing suffered for the birth of more then one of them When they are of more age marke which of them will be more obedient vnto thee and the same shall bee thy sonne or at the least shall deserue that thou shouldest so account him and giue ouer henceforth to bewaile thy sonne seeng thou art not onely certaine that thou hast him but also that thou canst not lose him vnlesse they doe both die The wiues answere YOu doe me great wrong for how can my son loue honor and obey me aright if hee be not sure that I am his mother so that desiring to make me a mother of two you make both the one the other to be my sons in law You doe well know both your children haue the ioy thereof but you depriue me of mine or rather make me partaker of nothing but greefe and sorrow and being willing to giue a mother to your owne you depriue me of mine You say well that I am a stepdame to them both but you are the cause thereof and are worse then a stepfather vnto mine seeing that you take his mother from him or at the least will not suffer him to know her Declamation 43. Of him who drunke poyson with his wife wherwith she died and he made claime vnto hir heritage by her Testament WHen Octauius Marc Anthonie and Lepidas did part the Romane Empire betweene them many of the Nobles were slaine others fled and were banished or els fined in a great summe of money paiable vnto those which were appointed to kill them Amongst whom there was a Roman exile who was followed by his wife that was verie rich whose chance was that vpon a certaine time she found her husband in a secret place holding a cup in his hand she asked him what he had in the cup he answered that it was poison and that he wold poyson himselfe because he desired to liue no longer in this miserie the
wife answered that she would not liue without him and therefore praied him that shee might drinke some part with him wherevnto he agreed and hauing drunken part he gaue her the rest the which she did drinke vp and died suddainly after The husband died not but within a short while after by the means of his friends he was called to Rome again where being arriued he shewed a very plain Will of his wiues wherin she left him heire of all hir lands and goods her kinsfolke who did verie wel know how she came by her death accused him for poysoning his wife complaining and saying in this sort HE hid himselfe with poyson because he would be sought and found by his wife he fained that he would drinke it to make her drinke thereof he said he would die because she should desire to liue no longer He did drinke in such sort of the poyson that he is yet liuing and his wife dead I would faine know then what man did euer murther his wife more manifestly Or what poison is that which could not once kill so great an heire who affirming that he would die after he had caused his wife to die did himselfe escape it is a great matter that all the rest of the fugitiues are become poore by the late edict and this man is made rich thereby the others haue lost their owne goods and he would vsurpe the goods of another as a reward for procuring the death of her that loued him more then her selfe and so much did he know that she had witnessed in his fauour she followed him when he was pursued by his enemies sword and vnder a fained coulor of loue he hath murthered her with poyson A goodly exchange she tooke his poison and he her Testament so soone as shee had drunken shee died but is there anie doubt to be made of the force of the venome Seeing it was compounded and made by the heire who might verie well drinke part of the vppermost as being lesse violent either hauing an Antidot verie readie or els hauing taken it before hand thereby inciting his poore wife by deceit to drinke the bottome where all the poison did lie so as it might verie well be said that hee had the drinke and she the venome which long before hee had prepared to hurt her alone He did verie well know that shee would not liue without him seeing that shee was desirous to thrust her selfe into most great dangers for his sake If they are punished which kill their enemies in open fight what punishment is he worthie to haue which hath treacherouslie murthered his wife that loued him aboue all things as hee ought to haue loued her 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 â—â—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 begotteÌ„ them both I haue desired them both I tooke paine for them both they were both borne
the treasure vnto the Temples and also to purchase freedome vnto all I did commaund him to strike me wherefore he should haue sinned more in disobeying me then in obeying the Tyrant therein so that he hath not offended me but spared me Moreouer the reuenge or punishment of a sonnes offence against the father lieth in the will and discretion of the father if anie other had stroken me and I had no desire to complaine no man could compell me therevnto or pursue him for me what doe you meane then by this Seeing that he which hath giuen the blow hath endured the greatest griefe and hurt thereby and that hee which receiued the same commanded the other to giue it him The Answere THe more you defend your sons cause the more you make him culpable for you shewing your selfe louing and pittifull vnto him doe likewise shew that hee ought rather to haue died a thousand times then to haue strooken so good and louing a father what doth hee then deserue that hath smitten such a one to please a Tyrant Whose seruant he afterwards became You say hee did it to profit the Common-wealth and wee doubt it for wee cannot begin to doe good by performing a mischiefe and he hath offended the Commonwealth more by his wicked example thē can well bee expressed for neuer was it found before that anie was so bold to strike his father If hee would not preuent his brother yet should he at the least haue followed him Who chused to die rather then to see his father stroken so should they both haue beene an example of pittie where now one of them loseth part of his glorie by being brother vnto a man so wicked for the one cannot bee mentioned without the other You say that you pardon the wrong which hee hath done you But the law pardoneth him not for transgressing it You say I would needs be stroken but wee say that his brother would not that you should It seemeth by your speech that euen as the Tyrant iudged him a fit man to commit a vilanous act so you likewise had the same opinion and seeing that you could not escape you fained that you were willing to bee stroken for feare of being slaine altogether Lastlie hee hath smitten his father knowing that it was against his brothers will and against the decree of the law so that hee being guiltie is likewise worthy of punishment Declamation 46. Of the bondman who hauing saued his Maister his sonne and goods together with his daughters honor pretendeth to marry her A Tyrant standing in doubt that his Citizens would attempt some conspiracie against him tooke the bondmen of all the cittie into his fauour giuing them freedome and inciting them to murther their maisters they fearing the effect thereof did suddainly flie forth of the cittie leauing their houses wiues and children in danger at the mercie of the Tyrant who to take away al means and hope from the Citizens and from the slaues all possibilitie euer to be reconciled vnto their masters suffered and commanded the said slaues to rauish their wiues daughters Shortly after the Tyrant died suddainly by mischance wherevpon the Citizens returned by force into the cittie and caused all the slaues to be executed or hanged except one who hauing fained that he had rauished his masters daughter did faithfully preserue and keepe her with all his goods and restored her a virgin vnto his Maister moreouer he did forewarne the Citizens of the dangers which would follow wherwith his Maister receiued such contentment that he gaue him his daughter in marriage But the said Citizen had a sonne who opposed himselfe therevnto accusing his father to bee void of vnderstanding and said thus OVr griefe would be the lesse if the Tyrant and not the father had made such marriages Can anie man say that he hath not lost his wits which seeketh rather to immitate the Tyrant his enemie then his bondman Who hath at the least shown more loue vnto him then he doth either to sonne or daughter seeing that he maketh himselfe like vnto the Tyrant If the bondman had lien with my sister I had caused him to be hanged as well as the rest and now you your selfe would haue him to lie with her you say that it is by marriage I denie that for marriage is meant betwixt those which are worthie one of another either in deed or opinion Then seeing none besides you who are mad of that opinion that a slaue may be worthie to be your sonne in law and my brother in law it can bee no marriage and were it otherwise I say that this mariage bringeth more shame then if she were rauished or abused by a Noble man for then at the least the child which should so bee borne should be more worthie and be better respected then the child of a bondman Who would euer haue thought that the Lord or Maister would haue suffered his slaue further then the Tyrant would his friend It may therefore verie well bee said that whosoeuer maketh such marriages is either a foole or a Tyrant of whom the one deserueth death and the other to lose al authoritie O what a faire sonne in law hath he chosen who hath nothing of anie worth in him but that he hath kept himselfe from being hanged with the rest of his fellowes Alasse my sister shall then being vnder the power of her father lose hir virginitie which was so carefully preserued when shee was vnder the power of the Tyrant and he shall be thought worthie of such a marriage which was not deemed worthie of the gibbet Farre more happie are those which were defloured for they neuerthelesse doe now take such other husbands as are worthy of them It is a goodly matter whē the father maketh such a match for his owne daughter as the Tyrant did for those of his enemies Ah vnfortunate sister who being vnder the tyrants power diddest desire thy father and vnder thy fathers power thou desirest the Tyrant who would yet defend thee from this iniurie Is this a small reward for a bondman to see all his fellowes on the gallows yet himselfe to bee free from the like you say that he hath not rauished his mistris say likewise that he hath not slaine his maister nor vsed poyson nor sorcerie doe you say that hee dooth a good act that keepeth himself from crime for fear of punishment Our miserie is as great now as the shame which the other maids and wiues haue suffered during the Tyrannie for this is done during our freedome the others shame was in the absence of their Parents but this is in the presence of hers the others shame was called deflouring but this here cannot be called constraint but a voluntary consent It was not vertue that kept him from doing as much as the others but the feare to be hanged with the others hee knew very well that God would not suffer so cruel a tyranny to indure and when the
A Certaine man being taken by Pyrats or rouers on the sea writ vnto his father for his ransome the father excused himselfe so as the other remaining without hope of releasement is releeued by his daughter who was captain of the Pyrats and shee was not onely fauourable vnto him during his imprisonment but also promised to set him at libertie and to flie away with him if he would sweare to marrie her either when hee came home or by the way He did sweare and married her solemnly before he came where his father remained who was discontented therewithall and would haue had him to forsake her for to marrie with a rich inheritrix but he would not wherevpon his father would disherit him saying O What a great ioy maist thou hope to haue of thy wife or what comfort can I expect of my daughter in law Who for the loue of a stranger cared not to hate her owne father Yea and was not ashamed to disclose her disordinate lust vnto one whom she neuer knew before Thou wilt say that first of all she had compassion of thy miserie and from that compassion did loue spring but I answere that it was neither compassion nor loue towards thee but rather a desire to satisfie her owne lust and pleasures that prouoked her to deliuer thee wherefore thou art not in any sort bound vnto her hauing partly satisfied her desire for it should bee impossible for thee wholy to satisfie the same seeing the drie earth the graue and a womans wombe are three insatiable things The Answere I Should greatly erre to put away or leaue her who hath not forsaken me in such a place where not onely my father himselfe feared to come but also where he either durst not or would not once succour or releeue me If you had seene my bodie ouerloden with chains and bonds my hollow cheekes my deepe sunken eies as also my blacke and vnprofitable hands clogged with giues you would trulie haue said that compassion onlie mooued her to deliuer me the which she could not doe without running away with me and because I would not be vnthankful for so high a fauor what better reward could I bestow vpon her then my selfe since I was the chiefest cause that shee hath nothing wherewithall to marrie her being then my wife she could do no lesse then loue me but if it had beene so that she had loued a captiue a slaue or at the least one far more miserable Yet ought she not to be therefore condemned The Romanes in times past did worthilie take a bondman to be their King Miserie or pouertie neither hindreth nor corrupteth vertue but maketh it more excellent and is oftentimes the cause whereby a man may shew himselfe more worthie but what thinke you of a number of Romanes who being violently taken from the plough haue neuerthelesse greatly enriched and increased the Commonwealth by their pouertie why then should I make her miserable that hath freed mee from miserie If I should be so ill disposed yet ought you both to reprooue me and chastice me for it suffer me then to performe my dutie seeing you are not willing either towards her or me to performe yours And in that shee loued mee better then her father I am so much the more bounden vnto her Declamation 49. Of one that was likely to be defrauded of the honor due to him for his victorie because he had taken the armes belonging to a dead man A Certaine valiant conqueror chanced to die who hauing made his Testament he ordained that all his armes should be hanged vp for a Trophey about his sepulchre and that it should not be lawful for anie man to take ought therof away It chanced that another man who tofore time had ben no lesse famous for his victories in the Commonwealth then the other lost his armes in the warres and being charged by the enemies he fled in the cittie euen vnto the sepulchre aforesaid from whence he tooke the dead mans armes wherewith he returned vnto the fight and there behaued himselfe so valiantlie that he came home againe a conqueror But like as vertue is euermore persecuted by enuie so he hauing placed the armes againe from whence hee had taken them and receiued the triumph of his victorie is accused of sacriledge and for robbing the sepulchre of another man by taking away his armes but he excused himselfe of the crime saying THese armes stood more in need of my aid then I of their assistance for the victorie which I haue obtained hath kept the enemies from taking the cittie and all that therein is and although it were otherwise yet could not that be tearmed violence which one taketh without resistance to a good intent and with a will to restore it againe Many speake of armes which know not what they meane for these here being in my hands at the combate were armes but so long as they shal remaine in the temple or about the sepulchre they can be tearmed no other then spoiles or an vnprofitable Trophey so that it may well bee said that the armes stood in need of my strength I lent my selfe vnto them whereby also the Commonwealth hath receiued great benefit and the dead man and his armes haue gained more thereby then they lost for the dead shall bee the more eternised and his armes the more famous Necessitie is not only without law but she her selfe is the law of time Wherefore oftentimes she causeth the richest marchandise to bee throwne into the sea to vnburthen the ship or to breake down and ouerthrow some houses to saue others from fire so likewise is one or more members cut off to saue the rest of the bodie how much more lawfull is it then in a necessity to do a good act as I haue done three for I haue ouercome the enemie assured the Commonwealth and increased the glorie of these armes in making them double victorious Is it not apparentlie knowne that manie doe morgage and sell all the iewels and relicques of the church to conserue the Commonwealth Wherein then haue I offended imploying for the same a thing of so small a value which serued but for an vnprofitable shew The Answere THy fault is verie manifest hauing shewed thy selfe badlie furnished for the combat but redie inough for the flight and in the one and the other verie cowardly as also no lesse impudent in defending thy cause then impious in committing so vild a crime to prooue this my saying true thou hast either lost or forsaken thine armes the which anie man of worth doth farre preferre before his life Thou couldst not then by thine own saying recouer that dishonour of thy losse without taking away a dead mans armes which were hallowed and consecrated to the church and thou hast no other excuse for thy theft or rapine but that thou diddest lose thine seeing then that both the one and the other act is most execrable whether of the twaine will best serue thee for
the first that was wronged I doe not know so much and therefore affirm that it was I or if I were the last theÌ„ was mine the greater wrong for that which hee did vnto thee may bee excused either by loue or necessitie but what hee offered vnto me can be no better tearmed then insolencie malice or disdain seeing that then his greatest heat was past neuerthelesse considering that clemencie is more naturall vnto our sex then crueltie I say that where the prerogatiues or claimes are of equal force there is more respect to be had vnto humanitie then rigor and if you alleage vnto mee the examples of Lucrece and Virginia I will in like sort alleage vnto you the Sabines and others no lesse honest but more discreet and the greater number from whoÌ„ hath proceeded greater good witnesse so many worthy Romanes issued from them His death can serue to no other end but to eternise the memorie of our infamie either by the publick or secret reuenge of his kindred neuer did any mans death profit a woman Lastlie if thou thinkest that thy honour deserueth his death I answere that mine is not vnworthie of his life and I beleeue that the iudges will affirme my wish to be more iust then thy will Declamation 62. Of him that his father did disherit because he went vnto the wars THe priuiledge of the war was that he which had ben thrise a conqueror should bee freed from going to the warres any more Wherevpon it happened that a certaine Romane which had beene thrise a conqueror would returne vnto the warres against his fathers will Who seeing that hee would needs goe did for his obstinacie disherit him wherevnto the sonne pleaded in this sort FIrst I am bound vnto God that hee hath made mee three times victorious and next vnto him am I bound vnto my countrie for the loue which I haue born vnto it hath ben the cause that I did fight and got the victorie wherefore after I haue performed my duty vnto these twaine I will obey my father in all things who ought not to be against the publick good and my glorie it may be that he himselfe hath not ben thrise a conqueror wherefore it is requisit that I should supplie his default or my childrens defect who peraduenture shall neuer be of such desert but why would you dissuade me from sighting after the obtaining of three victories Seeing that they doe yet fight whome I haue thrise vanquished As the Senator which is past threescore years of age may chuse whether he will come to Counsell yee or no and yet such as are much older do notwithstanding come thether so long as they liue so is it 〈◊〉 for me to goe vnto the warres when honor commandeth me as oft as list In that which is past I 〈…〉 no more then my dutie and therefore I 〈…〉 reward but that which hereafter I shall doe of free will shall merit a recompence You would haue him to be idle that neuer loued ease you see the danger wherein we stand all the Citizens doe fixe their eies vpon me and to speake the truth the Commonwealth doth yet owe me nothing for my passed victories seeing that it could not excuse me from the battaile but now the same law shall allow it to be desert which before did appoint it a dutie Seeing then that what I do is but for your profit and honour why should you disauow me for your heire mee I say which will fight to maintaine your life your house and the inheritance which you will take from me The Answere THou doest acquit thy selfe towards God and thy countrie in obeying thy father in a matter both lawfull and reasonable for the Commonwealth hath as great need of pittifull and obedient men vnto the lawes and their Parents as it hath of such as are valiant wherefore thou art bound to be both the one and the other thou art alreadie knowne to bee valiant bee thou then likewise knowne to be pittifull obedient and louing towards thy poore father who shall die if thou shouldest miscarrie by thy ouer boldnesse Doest thou thinke to be victorious in fighting against the law and the will of thy father No for God is too iust Aâ—neas was not so much praised for all his heroicall deeds as he was commended for louing his aged father and for preseruing him from the Troian site Doest thou wonder if thy father be no lesse carefull for the 〈◊〉 of thy person then the law is which forbiddeth 〈…〉 hazard thy selfe anie more in the like perill I had rather to renounce thee suddainlie then hauing lost thee in the warres to be attached with a double sorrow it is therefore in thy choice to remaine my sonne or no. It is a far greater vertue to bee able to containe thy selfe within thy bounds then to perish in this battaile thou shalt go in greater danger to lose thy gotten reputation then to inlarge thy future renowne therefore thou being my sonne no longer my griefe shall be the lesse Declamation 63. Of him that appeased the father of a maiden whom he had rauished and yet could not pacify his own father THe law commandeth that if any man do rauish a virgin that he should die therefore vnlesse that within thirtie daies hee doe both pacifie or appease the next of kin vnto the said damsell likewise the neerest of kin vnto himselfe Whervpon it fell out so that a certaine yoong man rauished a yoong virgin and before the prefixed tearm he had thorowly appeased the maidens father but yet his owne father would by no means be satisfied wherefore he accused his father to haue lost his wits saying HOw can that man bee said to haue his vnderstanding that is more cruell vnto his owne son then is he that hath been offended There is no beast in the world so fierce that seeketh not to preserue that which it hath it hath engendered whereby it appeareth that those which do otherwise may be iudged to haue lesse vnderstanding then brute beasts If you thinke that I haue wronged you in not comming rather vnto you as to him whom I was most bounden vnto then vnto the virgines father You must consider that it was because he was more wronged then you and that I iudged you more pittifull then he and hee harder to bee entreated then you But alasse infortunate that I am I haue found mine enemie more fauourable then mine owne father so that I know not what els to say but that amongst such men as haue their wits the loue of the father doth alwaies exceed the sonnes follie If it please you to saue my life or if your crueltie bee such as you loath to see me liue speake for the time is at hand But I grieue not so much to die if you haue lost your wits as I sorrow for the perpetuall mone that you will make in that you haue ben the abridger of my daies when as time more then reason shal haue
mittigated your choler and restored your vnderstanding whereof now I may well say you are depriued or at the least that the same is mightily deminished The Answere THou saiest that the maidēs father was more wronged then was I I graunt it yet canst thou not likewise deny but that I haue greater cause of offence thē he for thy force did take away the maidens shame but I shall bee euer dishonoured to haue begotten a son so dissolute that hath displeased his father wronged a Cittizen defloured a virgin defamed his stocke and giuen cause of offence vnto the Commonwealth It is thou that wantedst thy wits seeing thou couldest not know that at one instant thou shouldest not haue committed so many mischiefes together and most mad thou wert if in knowing the same thou couldest not shun the same but heaping one offence vpon another thou wouldest slander me to haue lost my wits whereby it appeareth that as vertues so are vices linked together Thou accusest me before I haue condemned thee the tearme is not yet expired I do very well know that thy life and death are yet in my choice Haue I then lost mine vnderstanding wherfore doest thou tremble why doth thy tongue faulter For what cause are thine eies troubled The thirtieth day is not yet come but wherefore wouldest thou that anie man should pittie thee seeing thou wert pittilesse vnto the damsell who when thou diddest rauish her shewed no lesse sorrow then thou doest now Wherefore couldest not thou consider what vice is at the first as well as at the last which is alwaies a present pleasure but a parting paine leauing alwaies either some scourge or at the least a moste sound sorrow accompained with a horrible fear but although I should leaue thee thy life dost thou thinke to remain vnpunished will not thin own consience torment thee far worse then any hangman would Nay why should I graunt that vnto mine enemie which I haue denied vnto my sonne For seeing thou accusest me thou canst not be rightly tearmed my friend much lesse my sonne Is it to be wondered at if I rest doubtfull seeing that the law it selfe hath neither determined thy death nor concluded thy marriage Thou hast alwaies behaued thy selfe as if thou haddest ben allowed to doe anie sinne thou hast not yet intreated me as thou oughtest but hast rather requested the other his friendship then my fauour and hauing first appeased his furie thou afterwards thoughtest assuredly to constrain me to winck at thy fault Would a foole consider thus much Tel me then wherin I am a foole Haue I liued badly or committed such follie as thou hast Haue I forgotten the lawes Haue I not counted thy daies Can I not prooue wherefore thou art vnworthie of my fauor demanding it after such a fashion I haue consulted with our kinred I haue deuised with our friends alasse what paines haue I taken to perform a fathers dutie Ah me most miserable seeing that my anger is so iust that I cannot yet forget it I do not wonder although thou hast appeased the maidens father for it is easier to pardon an iniurie then a crime yea when he came to entreat for thee his kindnesse did the more harden my heart against thee for me thought that a man so honest ought in no sort to be harmed thou tellest me that the time is short how then couldest thou find so much leasure as to accuse me Doe men appease their misdeeds after such a manner Is that the way to obtaine fauour Doest thou now thinke it fit to entreat But tell me wherefore am I besides my wits Is it because I haue not pardoned thee The time is not yet past I may yet pardon thee although thou art vnworthie seeing thou accusest mee before I haue hurt thee Declamation 64. Of the husband that did put away his wife who being tortured did yet saue his life in not confessing that he pretended to murther the Tyrant A Tyrant being suspitious that a Cittizen pretended his death caused him to be apprehended and committed him to prison and there tortured him to cause him to confesse his conspiracie and who were his confederats but the Cittizen would not confesse any thing whereupon the Tyrant did also cause the Citizens wife to be tortured who in like sort would confesse nothing wherefore they were deliuered and set at libertie Within a short time after the said Cittizen killed the Tyrant and being greatly rewarded and honoured by the Commonwealth for the deed he put away his wife as one that was barren because she had ben fiue yeares with him and neuer conceiued anie child For which cause shee accused him of ingratiude saying THat which the Tyrant was vnwilling to doe hee that killed the Tyrant would doe to shew himself more vniust then was hee hee would frustrate our marriage which at his owne request and intreat was solemnized and to manifest his ingratitude the more hee would needs stay vntill he stood indebted vnto mee for his life if he ment to forsake me he should haue put me away before I had ben tortured for his loue the which torture is cause of my barrennesse O miserable woman that I am seeing that my kindnesse hath procured mee care and my good deeds turneth vnto my decay Is it not verie well knowne that the constancie of my courage and the silence of my tongue haue ben the onely ouerthrow of the Tyrant I then being the cause that the Tyrant can no more break the marriages of others why should mine be suffered to be broken But who is ignorant that during the Tyrants life the barren were esteemed most happie because they could not see their children rauished at the Tyrants pleasure True it is that I haue borne no children for the Commonwealth but I dare affirm that I am the cause that manie are and shall be borne and that henceforth there shall bee no more taken from it The Tyrant suspected my husband his intention because either hee had disclosed something or els his countenance or behauiour discouered his pretence but yet in anie sort hee cannot complaine of his wiues tatling no not when she was in her extreamest torments I had alwaies more respect vnto my husband that was absent then vnto the Tyrant who was present being more carefull of his health then fearefull of mine own hurt But who can expresse all the preparation that was made for instruments of crueltie able inough to daunt the courages of many men to terrifie the constancie of a feminine heart the whips tearing my flesh the fire the yron shoes the whot egs vnder mine armholes the buskins the trestles the pullies the cords the napkin water oile and the hangmen yet all these together could neuer draw one onely word from me to the preiudice of my husband but prouing by liuely reasons the contrarie of all that was of me demanded I was the cause of his deliuerance wherefore doth he vaunt that he hath slaine the Tyrant
he had lost his wits I know not whether of these two accidents were the cause of his fall yet am I sure that they are not to be imputed vnto his fault but he is more worthie to be pittied then to be punished What greater crueltie can there bee in the world then not onelie to punish a dead man but such a one as died miserablie We cannot but suspect that he perceiuing the Magistrate did wrongfullie hate him hath therefore shortened his owne daies for if you did not bear him some ill wil what should moue you to goe about to depriue him of that which in the end time will graunt vnto him For euen those which are hanged doe at one time or other not remaine vnburied wherefore Diogenes said well vnto his disciples that demanded of him where he would be buried lay me said he vpon the earth for the same it selfe will in time burie me this your rigor then is more preiudiciall vnto vs that liue then vnto the dead man if the worst happen what can you say of him Or wherewith are you able to accuse him saue onlie that his great misfortune made him to imagine that hee could no way end his miserie but by death But alasse hee was deceiued for although he be dead yet dooth mishap follow him so as he cannot by his sepulchre hide his shame whereby it appeareth that misfortune dooth sooner beat downe the wretched then it dooth the wicked Surelie considering that which is denied vnto him I cannot blame him for being wearie of his life in his death hee hath immitated Cato why thē ought this man to be vnburied more then he In your iudgement then do you thinke that Curtius should haue remained without a sepulchre if in his very death he had not found the same casting himselfe while he was yet aliue into the burning gulfe Who is more miserable then he that whilest he liueth is wearie of his life And who is more vnhappie then he that is dead and wanteth a sepulchre Is it to be wondered at if this man were willing to die seeing that for all he shunneth it mischiefe pursueth him Nature affoordeth a sepulchre vnto all men yea the sea casteth the dead vpon the land to be buried those which are hanged in chaines do by little and little slide down into their graues for in the end they become earth they which are burned the selfesame fire that cōsumeth their bodie dooth burie their bones conuerting them into ashes others are intombed in the bellies of fishes and of other land beastes As it is the office of Magistrats to persecute murtherers so likewise ought they to pittie the murthered If you say that hee which killeth himselfe is a murtherer you must yet consider that hee hath wronged none but himselfe it may bee that hee did procure his owne death for feare least he should be constrained to wrong some other what thing then can example others might bee warned to bee more carefull of their kindred This law was inuented but onelie to terrifie those who neither feared death nor damnation Assure you that he would neuer haue died in that sort vnlesse he had committed some hainous offence for there is no sin so great but that hee which dare kill himselfe will be bold to commit Declamation 77. Of the seruant of Lucullus who thinking to giue his maister a drinke to make him to loue him caused him to become a foole LVcullus was a Romane Senator very rich and wealthy in goods gotten by the warres who both liued most deliciously and also spent more largely then any other Roman but most of all he greatly loued learned men and rewarded them very liberally Wherevpon it chanced that one of his houshold seruants was verie desirous to worke some meanes that hee might likewise chuse him to loue him and the better to effect the same he prepared a certaine loue drinke and made his maister to drinke thereof for that which fooles cannot attaine vnto by vertue they thinke to accomplish by villanie but as from follie there neuer commeth anie thing but mischiefe so happened it by this foolish seruant for in stead of making himselfe to be beloued hee troubled his masters sences because hee knew not how to mingle his drinke aright Wherefore the kindred of Lucullus brought him into iudgement and accused him for poysoning his maister whervnto the seruant replied thus TRue it is that I gaue him a loue drinke but not producing such an accident as hath since vnto him happened and that seruant is in no sort faultie which as much as in him lieth seeketh to procure his maisters fauour prouided that it be not to his hurt the drinke which I haue giuen him hath ben tried by manie and may yet be proued by more I meant neither to hurt my maisters bodie nor to trouble his mind seeing that I neuer hoped for any good in the world but from him but those which gape for his lands after his death or that desire to haue the managing of his goods during his life haue taken occasion by this my potion to giue him some other drinke that vnto his sences hath ben more pernicious that therby they might both defraud me of my hoped good intention also accomplish their wicked expectation who hath euer heard that to loue ones maister well and to desire to be beloued of him should be an offence and so much the rather was my meaning lawfull because I neither haue loued him nor desired his loue for any couetousnesse but to gaine this onlie good alwaies to do vnto him most faithfull most humble and acceptable seruice but as there is no word well spoken which is badlie construed so there is nothing well done if it be taken in ill part or sinisterly wrested which is so much the sooner done because the most part of men do not iudge according to the meaning but according to the issue of our actions although he which hath done them bee in no sort faultie But I beseech you worthie Iudges to consider what reason there is to accuse him for a malefactor who hath giuen the loue drinke and not once to seeke out or to inquire after him that hath giuen the noisome and hurtfull drinke Thinke you if I mous as Lucullus was What theft can be more manifest then in desiring to vsurpe a loue so worthie being thy selfe in all points so worthlesse We doe in deed confesse that the seruant is permitted to loue his maister and by his good seruice to winne his maisters loue but it is not lawful to inforce the loue of any man how much lesse then is it for a seruant to constraine his maister So that as well the intention as the issue of thy deed appeareth to be damnable and there is no need to inquire who gaue the pestilent potion seeing thou diddest it thine owne selfe and that thou canst not denie the same moreouer that which thou confessest to haue done is no signe that
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
as you say they haue yet should you haue first knowne our meaning and haue required satisfaction thereof before you should haue brought your armed troupes vpon our territories but you doe verie well declare you Gaules that you will neither send anie Embassadors nor will receiue anie at all but trusting in your forces you will make your wils a law how vniust soeuer they be As touching your demand whether we be your friends neuters or enemies wee answere that we will be such as you shall giue vs occasion to be for it seemeth they can hardlie be your friends that are neere vnto you wherfore although we should not allow that which the Fabij haue done yet may it bee a question whether they haue done amisse or no in resisting the common enemies of all Italie seeing that an hundred yeares since your ancestors leauing their naturall countrie came first and occupied the countrie of the Taurins afterwards that of the Insubrians then the limits of Tuscane and now without anie reason you would vsurpe the territories of the Clusians the which if they had granted you what assurance should they haue had that afterwards you would haue beene good friends or peaceable neighbours vnto them seeing that you are of opinion being strong men al things are due vnto you and that you can yeeld no other reason for your deeds then armes What is he that can bee assured of such kind of people which maketh vs to doubt that in time you would if you could occupie Rome and all Italie If you will be our friends â—ee that you doe not onlie withdraw your army from vs but also for our sakes surceasse your molesting of the Clusians and then knowing that our Embassadors haue offended you we shal make you a reasonable satisfaction assuring you that wee are sufficient to punish or chastise them withot putting you vnto the paines to doe it and if you shew your selues as in effect you haue begun to be our enemies the Fabij cannot bee culpable and it were better to employ them against you then to doe them anie hurt at your instance But what madnesse dooth incite you to come in such sort against vs You know well that if we had ben minded to send aid vnto the Clusians we would not haue sent three men onlie Wherefore we thinking you had ben our friends did send to intreat you not to hurt the Clusians but doing contrarie to our request the Embassadors thought you had ben our enemies and so consequentlie that they were bound to aid the Clusians When you haue withdrawne your armie from vs wee will dispute whether they did well or ill But so long as you talke thus armed wee may say that you haue no desire to haue vs your friends Of a truth they fought against our meaning yet neuer imagine you that for al the same we wil deliuer them vnto those which come vnto vs as enemies As for the anger of the gods it stretcheth not to those that defend their temples as we will doe moreouer we are bound to defend our countrie our wiues our children the sepulchers of our fathers if you wil offer to hurt them therefore as you doe protest our ouerthrow so doe we sweare your death if you once assault vs. For to be offended and to offend is all one and it is a most iust reason that those which seeke to vsurpe another mans lands should lose their owne liues Declamation 91. Of a yoong youth that made himselfe a Nunne to enioy one that he loued AT such time as the law was not so strict against those which by all the meanes they could sought to inioy the loue of Nunnes a yong youth came in the habite of a maiden into a Nunnerie and made himselfe a Nunne to obtaine his pleasure of one whom he loued in the same cloister after he had obtained his desire and remained there some time in great delight he was at last discouered wherevpon the bishop would haue constrained him to become a religious man of the same order which he had made profession of in the habite of a woman the youth appealed from the same sentence saying EVerie lawfull vow ought to be voluntarie wherefore you cannot constrain me to enter into religion against my will You say that I haue made a vow alreadie I referre it to your iudgement whether being a man I might become a Nunne If such a vow be lawfull then let me bee still a Nunne If it bee not lawfull then is it of no force and so consequentlie I am thereof freed or at the most to bee punished in such sort as by the law it shal be appointed if there be any law that maketh mention of the like fault and if there bee no law that maketh mention thereof it is a token that whatsoeuer I haue done is no crime for there is some law appointed for euerie fault for as lawes are made for the good of the Commonwealth eueÌ„ so those that offend them not are not punishable as for me I beleeue that I haue in no sort offended them hauing charitablie relieued her that had need of my helpe considering the frailenesse of my flesh which might haue induced her to doe worse then a thing incident to nature yea and to the great reproch of religion shee might haue found the meanes to flie away from the Nunnerie contrarie to her vow and promise likewise it is to bee considered that those faults if faults they may be called which are through loue committed are more excusable then punishable because they are done but for loue and to encrease humane generation besides that the most philosophers doe say that louers are fooles and others affirmed that they are blind what reason were it then to punish a foole or such a one whose vnderstanding is blind Who knoweth not that they are more worthie of pittie then punishment Nay who knowes not that loue hath alwaies his abiding in the noblest hearts and compelleth the most obstinat to follow him Furthermore the distance of places is not able to seperate that true loue which of long time hath ben imprinted in the hearts of louers for as he that doth loue feruentlie doth sildome or neuer forget it so ought youth to bee excused for doing but their kind for that which in matters of loue is lawfull for yoong men to doe is vnlawfull for old men to desire Wherfore it may be said that as vnhappie is it for a yoong man to be without loue as it is for an old man to be in loue and the more worthie the thing beloued is the more vehement is our desire therof therfore the desert of her whoÌ„ I loue hath brought me to this extremitie to counterfait a sex inferior vnto mine the which I would for no other thing haue done but hereby it appeareth that the louer liueth in the thing beloued and that he is dead in himselfe so that I was constrained to find out this inuention to approch
doe you not couet to be of the number of these Seeing that my disgrace offereth you the meanes to make proofe of your loue and faith towards me lose not this occasion bad for me but good for you your glory may be a comfort to mine affliction I do not withhold your marriage good through couetousnesse but to keepe you from doing that thing which may redound vnto your dishonour and I would not in anie sort that it should be said that I was consenting vnto it and I protest before God and men that I doe it for no other cause at all for I am not ignorant how much all women are importuned especially such as are knowne not to abide with their husbands for any great loue but as I haue said I will neuer consent that it shall be reported that I haue ben the cause of your follie Wherefore I remit all vnto the iudges without anie further speaking of the matter being to stand to their censure whether I am to restore your marriage good or not the which shall be a smal losse vnto me if I may be so good cheape rid from her who loueth me not at all The Answere I Should think my selfe happie in hazarding but only my goods and life to remaine with you but when the question concerneth the soule we ought to consider that we haue nothing more precious seeing that the same is none of ours but God hath made it immortall to gouerne this bodie the which ought to be wholy obedient vnto the soule that we might afterwards by the onely helpe and grace of God restore the same vnto him vnspotted if it were possible the which I cannot doe if I remaine with you for all those that doe but onely speake vnto such as you are guiltie except they doe only speake to conuert you the which hitherto I could in no sort doe but how should I doe it When neither the exhortations of the church nor yet your excommunication both together were able to turne you That which Saint Paule saith that the beleeuing woman ought to remaine wth the vnbeleeuing man is nothing pertinent to this matter for more faultie is the Christian which sinneth maliciously of set purpose then is he which sinneth of ignorance being yet vncalled of God I doe well remember what I haue promised you at our marriage and I will performe it so that it be not to the condemning of my soule and that it is so I haue alwaies shown that dutie which an honest wife oweth vnto her husband and am yet readie to continue the same if you doe returne againe vnto the bosome of the church and then you shall truly know that I will not forsake you for any occasion I am not also ignorant what the worthinesse of mariage is and I would not haue you thinke that men doe seperate me from you but God himselfe for as much as he is head of the church I doe confesse that the woman was made for man but for al that it followeth not that she ought to damne her selfe for him As touching the hope which you doe shew you haue to returne vnto the church it were better that it were too soone then too late for then should I haue no occasion to depart from you and I doe promise to turne vnto you when you shall be absolued There is no loue wanting in me but there lacketh goodnesse in you because you remaine obstinat I cannot be tearmed in the number of those that haue left their husbands without cause but my greatest griefe is because I haue too iust a cause and I beleeue that Alcest Iphias and the other ladies which were truly vertuous would haue done as I doe in the like case as mine had they liued in these our daies for euen as it was an honor and vertue in them to doe that which they did for their husbands so likewise should it be but a shame and a sinne in me not to forsake you The same which you say prouoketh you not to restore me my marriage good induceth me not to leaue you so that I may abide with you without offence and discredite as I would not also that any one should think that I were consenting or partaker of your obstinacie no more then you would be thought to bee consenting vnto my seperating and vnder this false colour you would keepe backe my marriage good I doe aduertise you that I will rather forgoe it if it be not ad alwaies procure them enemies and do make quarels in publicke places to the greater daunger of honest people then their owne But I would to God that I had ben dead before now at the least with my husband seeing that life is more bitter vnto mee then death and my greatest griefe is because I am not onlie harmed by this Homicide but as manie of the noble kindred which he and I haue are greatlie interressed in it manie of the friends whom he fauoured are damnified the poore hath lost much thereby for he was a good almes giuer Lastlie the Commonwealth is weakened losing such a Citizen who liued so well that he had manie friends and not one onlie enemie that did pleasure manie and neuer displeased anie Consider then you righteous iudges what punishment is to be done vpon him who depriuing vs of so manie benefits hath been the cause of so great mischiefe The Answere IF mens actions ought to be iudged not according to the euent of the same but according to the intent of him that dooth it I cannot in anie sort bee blamed for I did neuer know this man whether he were honest or dishonest wherefore seeing I neither loued him much lesse hated him I had no desire to doe him either good or hurt But since by misfortune it is so fallen out that being constrained to defend my selfe from those who sought to kill me he hath had a blow both against my will vnwitting mine enemies are more to be blamed then I for they are the cause thereof Wherefore ought I then to beare the punishment thereof The sorrow that I haue had because this fault is happened by my hand is sufficient inough although it was done against my meaning without that I should be further troubled for the same and were it not that my wife and my children whose liuings I doe get could not liue without me I had rather die then liue hauing ben so disgraced by you to haue depriued you of your future hopes and your present happinesse but if it be a crueltie to cause the innocent wife and children of a guiltie man to suffer what is it then to take away the life from the wife and innocent children of such a man that is no waies faultie For it is sufficientlie manifest that this woman which accuseth me of crime not knowing me no more then I doe her is carried away with her passion seeing that also she doth altogether condemn my fact without hauing anie respect vnto the innocencie of
spirit from the bodie which is so readie to effect the euill desires thereof Neither is that fit to be allowed which the people doe dislike altogether for it is the common opinion that the peoples voice proceedeth from Gods voice Moreouer if such faults should be borne withall it is to be feared that the people should not onlie be scandalized therby but also they might easilie immitate the same for there is no offence so great that findeth not some shew of a lawfull excuse when the Iudges are disposed to winke thereat But why doe I say onlie saue onelie because vices are vnpunished Let vs therefore doe well least this Commonwealth which hath flourished twelue hundered years through the good iustice obserued therin should decay if the same were now neglected for the same corruption which is in a bodie without a soule is in a Commonwealth without Iustice Consider then you worthie Iudge and Senators that neuer murtherer had his wil or intention good free or sincere as this fellow saith his is for the actions are alwaies witnesses of the intent and meaning of men Declamation 82. Of a rich man that compelled a poore man to giue him his daughter in marriage THe law appointeth that euery maiden that is taken by force or she whom one hath had at his pleasure by any manner of compulsion or abuse may either chuse the death of him who hath forced constrained or abused her or els he shall bee bound to take her to wife without anie portion at all to her mariage Wherevpon it happened that a rich man of Greece entreated a poore man of the same contrie three sundrie times to giue him his daughter for wife but the poor man would not within a short time after as hee went together with his daughter to goe to some place by sea the ship happened to wracke so that the poore man and his daughter saued themselues in a little Island belonging to the said rich man who at the same instant chanced to be there wherefore this occasion fitting to his desire hee friendly entertained the old man made him good cheare and again requested him to bestow his daughter vpon him the poore man made him no answere at all but wept the rich man finished the marriage with her the same euening euerie one being returned into the cittie the father would haue carried his daughter before the Magistrate but her husband would not consent that she should goe thether Wherevpon the poore man said vnto him LEt my daughter come before the Magistrat if thou be an honest man for if she bee thy wife what needest thou to feare But if thou hast constrained her why wilt not thou submit thy selfe vnto her choice thy feare accuseth thee and is a witnesse that thou didst take her against her will thou art no honest man if thou fearest that she will chuse thy death for he which forceth a maid cannot die too soone why doe you doubt if I haue giuen you my consent If I haue denied you why should you haue her Hauing demanded her of me when I was at libertie three seuerall times I did euerie time denie thee and the fourth time being in thy power not daring to refuse thee with my tongue I refused thee with mine eies and my teares seeing then that by two seuerall meanes thou wert refused and that no bodie agreed that thou shouldest haue her how canst thou denie that thou tookest her by force Alas I doe lesse grieue at my losse by sea then I am sorrie for the other which I haue suffered since my comming to shoare for betweene the time of my shipwracke and the forced marriage of my daughter there was not one night What sonne in law would not tarrie vntill his father in law had dried vp his teares But how should I trust thee with my daughter seeing thou darest not trust me Thy malice is an hinderance thereof for thou knowest verie well that thou art the cause of our shipwrack hauing made a fire not in the vsuall port of thine Island but in such a place where thou wert well assured the ship could not arriue without wracking so as not in the sea but in the countrie wee were cast away And I was twise cast away by the losse of my daughter euen when I was wet and being astonished with the sea and giddie with the wind and waues thou camest vnto me to request my daughter as a ship wracked man and a captiue I did my indeuour refusing that by my teares which being free I did with my tongue three times denie thee thou rich leacher but yet thou seing vs in such calamitie thoughtest once more to win vs to thy lure It must be knowne whether that may be called a mariage which is done in the nooke of an island being almost desert where none were present but a few people that escaped from shipwracke all our tears were tokens that wee desired no such thing They are arguments of vnwillingnesse and witnesses of the hearts sorrow no man weepeth for that which he desireth but teares are in steed of intreaties for those which are shamfaste and are ashamed to intreat Thou canst not then deny that thou tookest my daughter by force and it is the more likelie because thou wilt not submit thy selfe to law and stand to her choice whether shee will haue thee for her husband or no. The rich mans answere THou hast nothing to say nor anie thing to doe with my wife except it be to see her Neuerthelesse I refer it to her owne choice whether shee will goe to the Magistrate yea or no but I would not that it should bee at thine instance nor when thou wouldest for I doe verie well know that she was neuer content with those refusals that thou madest me therefore can it not bee said that I haue taken her against her will nor against thy liking for by the lawes silence is a consent concerning thy teares I tooke them for a good token beleeuing that they proceeded for ioy not only that thou haddest escaped drowning but to see that in so great miserie I did not yet disdaine to be thy sonne in law as also that thou wert ioiful to behold my constancie in louing thy daughter For teares are not as thou saiest alwaies signs of sadnesse but sometimes tokens of ioy and especially when they are accompanied with silence for sorrow inforceth a man to speake and ioy prouoketh silence As for the fire which thou saiest I did make to cause the ship wherein thou wast to bee cast away there is none but thou that cōplaineth thereof for euerie one knoweth that my sheepeheards made that fire for their commoditie without thinking to hurt anie man thereby And for the marriage it was solemnized as commodiouslie as the place could afford And it is not to be wondered at if one who hath long time loued most feruentlie did take the fruition of his loue as soone as possiblie he might for the
nature of louers is to thinke euerie minute a month and fearing to lose the good so much of them desired they can hardlie beleeue that which they both see and touch I will willinglie submit my selfe to the law but I will not that thou shouldest haue the credit to compel me in anie sort Thou hast no cause to complaine of thy shipwracke seeing that from the same two holie actions haue proceeded that is to say hospitalitie and mariage I offered thee the one and intreated thee for the other Thou art deceiued if thou thinkest that I will loue thee or thy daughter anie whit the more my life hauing ben once in your power the loue which I doe beare vnto her is great inough without bringing me vnto such an ouergreat extremitie far better is a free and voluntarie loue then is that which proceedeth from anie bond my affection cannot be increased because it is alreadie perfect My marriage declareth that I neither rauished nor constrained thy daughter at all vnlesse it be because I married her without anie substance at all if thou art not content that I haue so done giue mee her portion and I will accept it If thou hast no goods vse mine as the goods of thy daughter and let vs liue in peace Declamation 83. Of a blind woman that would haue detained her sonne from redeeming his father out of prison THe law appointeth that euery child which was old inough to serue and releeue his father or mother and would not indeuour himselfe so to doe ought to bee imprisoned or kept in bonds as a bondslaue Wherevpon it chanced that a man made a long voiage by sea leauing his wife and sonne at home being vpon the sea he fortuned to be taken by Pyrats so that he was constrained to write vnto his wife and son that they might find the means to ransome him out of captiuitie The wife wept so much as she became blind therewith the sonne would needes depart to redeeme his father but his mother would detain him demanding that seruice at his hands wherevnto the law did bind him and would haue caused him to be laid in bonds because he would not tarrie the sonne pleaded against her thus IT is sufficient that two remaine in bondage without desiring that the third should likewise bee laid in bonds the prison detaineth my father in thraldome and your bondage mother is your blindnesse Wherefore will you heape miserie vpon calamitie in bringing me also in captiuitie what wrong doe I vnto you in leauing you a little while for so good an intent as to releiue my father Will you haue the world to doubt that you are not so louing a wife towards your husband as alwaies hetherto they haue esteemed you Will you that for your sake a man may say that all women are in their extremities Doe you not know that vertue consisteth in a meane Will you haue me to forsake my father do you not perceiue that his captiuitie summoneth mee to trauell for his libertie Doe you not consider that the chiefest part belongeth to the father and the second vnto the mother He is abroad you are at home he is in bondage you are free you are amongst pittifull Cittizens hee in the hands of pittilesse Pirats his feet are fettered but thanks to God yours are at libertie true it is that you are blind but alasse he is farre more miserable then you for your blindnesse hindereth you from beholding an infinite number of things which would vex you but he continuallie seeth his enemies vieweth his chaines whippes and bastinadoes which he often feeleth and hourly feareth and looketh vpon the oare and other instruments wherewith he is euermore tired You say the voiage is too dangerous for me how manie are there that to win the loue of some gay ladie will not sticke to aduenture anie daunger whatsoeuer Why then should I feare to deliuer my father Consider that such as hinder others from well doing doe amisse themselues and that hee which giueth not all the aid he can vnto those that are afflicted may be well said to bee the onlie cause of their affliction Wherefore deare mother I beseech you not to be one of that number or if you will needs bee yet suffer me not so to be The mothers Answere IT is thou that desirest vnto my husbands losse to ad my sonnes lacke and so finallie to procure my vtter desolation leauing mee here alone blind and poore If thy father being old subtle could not escape from being taken by Pirats How wilt thou being yong and simple shun the like perils Doest thou say that thou shalt leaue me for a small time when I know thou canst neuer return If thy father had beleeued me he should not now haue ben in that calamitie wherein he remaineth and into that which thou wouldest cast thy selfe neither yet should I haue beene constrained to haue brought that loue in question which thou saiest thou bearest vnto vs both in that which I require there is no extremitie at all for being bound vnto twaine he or she that is present may command as being the nearest thy death or thy losse will not anie whit deminish but rather double thy fathers miserie when he shal know it if he be not dead alreadie as I fear he is For yong men may die too soone but old men cannot liue anie long time if he were aduertised of my blindnesse I am sure he would command thee not to forsake me how wouldest thou then haue thy voiage to prosper when thou vndertakest it contrarie to thy fatherrs meaning and against thy mothers mind Where is thy true obedience Is this the recompence for my bringing thee forth with so great pain And for nursing and bringing thee vp with such exceeding care In seruing me thou doest well in leauing me thou doest ill so that thou canst not saie that I hinder thee from well doing But I would rather persuade and compell thee therevnto if I could likewise I haue as much need of helpe as thy father hath who did himself command thee not to forsake me when he departed from hence and then being not blind I had no such need of thee as now I haue Neuer imagine that God will euer fauour thee if thou now forsakest me Declamation 84. Of a rich man who thinking to burne the tree of a poore man did also burne his house THe law appointeth that whosoeuer harmeth another man vnaduisedly he must but onely recompence the hurt that is done but if anie doe a mischiefe of set purpose or maliciously hee must make satisfaction for the same fourefold Wherevpon it happened that a rich man dwelt next house vnto a poore man that had in his small garden a great tree growing which did take away a great part of the prospect from the rich mans house who did oftentimes intreat the poore man to sell him the said tree but hee would in no sort consent therevnto affirming that it ought