0* S fc (XJL*-* ■ A* J *^Y^ DUKE UNIVERSITY LIBRARY % Treasure T^gom si. Digitized by the Internet Archive in 2011 with funding from Duke University Libraries http://www.archive.org/details/oratorhandlinghuOOIesy ■ - ■» JiV- 7#e Orator: 4®3 (vv^vfi Handling a hundred fgaerallDiT- $$$££ coimcs,rntortnc or Déclamations : Some ôft&ç Arguments bcin^drawpe hom Titut ?, [& àT\d other ancient Writers , mt teft' or wnctnucntion: 1'atof vvhuh are oHr-acreis, happened. :u oui: A»:, Written in French by C/lUxmdcr SiUayn^ and RngMz h L. V' % LT, % ^m fC v. ^ &^ic^W&Wt¥* L O N D o N Tyinteduj î5ë .♦*■ S*ifc v-i 7 :;; a $ M 7r N v^l v, Y VI C^. - 1 - ^y -3 - "V \ *% c-s -* V ^ I TJrf' si » \ . "*> "~ ». «- MP- ta I It»,», si ^ J ^ / NT ^ g I £g *0 S m TO.ÏHÈ %IÇ'HT HO* norable my mojl efpecidlgood'hord Iohn, Lord r St . Ioh nflaron of.Çl'etJho. Ight N obleiLord , it is the cuftotïie of 'iSodrânt and vnlearnecTftatnarïes ( who are bo fayltie in iudgem either a Venus to polliflijto find fheans |S Tome high marble pill that the diftance of the j dow the dcfcô. of their inaitation of whom (knowing mine owns difabilirie ; todefarue.,and wcake-. neile to achieue) Irauing hewen out of ç in art and haue Hpid to frem orf the end tÛad In mv rough- wit this firft fruit of mine o- ■3rarory,I haue thdueht good taground and rear them vpon the Jkituprity and •greatnes of your Lordftijp, Whole la- uorsand irtcricsneay a^uance them to u TheEpiflle* that degree and efteeme of reputation, which of themfelues they difpaire of, except vnder your fauour and counte- nance. The reafon why I make you my patron is for that I know you to be a fauourer of the learned, and a main- tainer of the fouldior • difcreet in your iudgement,and bountiful to a!l toward and deferaingfcholers. Vouchfafe ho- norable lord, thatyour gcnerall affabi- litie and courtefie towards all men, ad- mit no inftanceinmybehalfe, butas both by bountie and other infinit gra* ces toward me you haue made me for- tunate, fo now in countenancing this labour of mine, make me happieby your acceptance, who humbly be- feech almightieGodtoioine intire felicitietoyour manie vermes, Youï Icid/Iiips in a'l iutifull affc&ion, JLa^ttu i -ot. To the Reader. 7\ Incehe is to be counted a difcrectmaœ {gentle Reader ) that prouokedwith the defirc ofi glorie^andl^indeledwith goodafieSlion^ indeuoreth to profit his neighbour by vertue,and procure him- Jeife a life and refidence in the memory of po fier it tes ; Jhaue thought good ( in hope to aduantage myfielfe with the fame titlefio pre fient thee xcith certaine Rhe- thoricall Declamations^ he y fie rvhcrof ineuery mem- ber in our fommomcealejs as necejfary, as the abufie *ofxvilfull ignorance is odious ♦ fn the fie thoumaiefl learne Rhethoricke to inforce a good cattfe, and art to tmpugne an ill.In the fie thou maiefi behold the fruit s and flowers of eloquence jcvhich dsTuïïy faith in his Orator 3 Bene confticutse ciuitatis eft quafî alum- na : njfe them to thy profit good Reader y and accept them with as good a wind as I bref tnt them with a Vertuous intent . Ifi thou fludie law fhey mayhelpe thy pleadings y or if diu initie (the reformer of law} they may perfieftjkcy pzrfuafions . In reafoning of priuate To the Reader, priuaie debates fere male ft thou find apt metaphors y in incouragingthy fouldiours fit mot mes. Fathers here have good Arguments to moue affections in their children^and children vertuous reconcilements to fa» tisfie their difplea fed fathers : briefly euery priuate man may in this be partaker of a general! profit, and thegrojfèft ^-underftandingfindoccafion of reforma- tion .The benefit s then fo gemr all > and my intent fo hon?ft>l hcartely in treat you to keepe Talions law m this ,and pay me like for like ^ giue me good thoughts for great ftudies^ and at leaftwifejJjevo me this court- ly courte fie Jo âjfoord me good Words (which c oft you nûihin£)for fer ious thoughts hatcht?vp with much . çonfideration ♦ Thus commending my deferts ta the Icarned^and committing my labour to the inflrutlion of the ignorai J bid y ou allheartely - farewell. ■JL/» i » FoLi. THE MIRROVR OF-1^ Eloquence : u i Containing an hundred Hiftoricall,or rather Tragicall Declamations. Declamation, i. Of FuluiuSjW;*? cmfeà the Senators of(fapua to be beheaded, without the confent of the Senat and people of Rome. T how much they of Capua were frotte , and ill aduifedjo rtuoltfrom the Romans vnto Han- n ïbiWjtfter the bat tat le of Cannas, by fi much were they more obflinatly beftegedjo that being forced for want oftimelyfuccours, toyeeld vn~ to the mercy of the two Roman Confuls, A ppius Claudius, and Quintus Fuluius 3 they were in the end more cruelly pu- nifhedthan any other rebels. The which Vibius Virius ( the ringleader, andchiefe author of the [aid rebellion) together with feuen and twentie other Senators jorejeeing, they all pot- fined themfelues at a banquet : The rejl of them thatyeelded y werefent topr'tfinfiue and twentie to Callyjtnd eight ejr twen- tie toTheana % Where without any commandement from the B Senat t Of Fuîuius, and the Seudt or people of Rome , andcfpecially without tJje confènt of Claudius : Fuluius caufid tbem/ilf io-lefr/I fclmged with rods ,ar/d afterwards to bebchenàtâ . 'Wherefore a doubt was made whether. he vi 'is more righteous or rigor oris m bis dud. K^And therefore let vs hnqginejhatflwr^ifter the r-cfi of the Capuans accufed him faying thus : flJ^As it not fufficient graue Senators, & you blef- t^vtrfl ^people, Ûhir^m and hfs affociats ihc fv| chiefeauthor^andcaufe of the faid rebellion, J ' did facrifice them fellies vnto Fufah; hi? cru- eltie,but that you muff further ad theruntothefeieuen andfifcie miPrable Senators ? Is it pofTible that they were all culpable? No finely : for feeing that they tru- fted fo the Romane elemencie, their confeience was a fore teftimemy of their innocencie. But that could not fauc them from the furie of Fuluiusjuho to excercife his crueltie, hath taken from the Senat& people of Rome, the meanes as well to (hew their pittie as their power, not considering that the worthicft part of aviéiorie is to fubdue the iuft defire of reuenge. Wherefore defpi- fmg all authoritie,& chiefely that of his Colleague and companion of hisvi&orie, he rather defired to be ac- counted crueli then mercifull, and neglecting the pro- uerb which fajth,That fomtimes man fheweth himfelf a God vnto man, would rather vérifie the côrraiy,That man is euen a woolfe vnto man. Surely our miferiecan* not but be great 3 yet fliould it haue bene more toilera- biêjif.it had proceeded from the Senate, or people, fcr then mould there haue bene fomefhew of Iuftice con- sidered vpon by many, where now is feene but a reuen- gfng cruelty ,thought v pon by one 3lone, and executed qn the fuddaine . And (o much more is this deed exe- crable 3 . Senators of Capua» Veclam. i ♦ crable,in as much as ordinarily we fee many confutati- ons to be held , and chat of many men , to pronounce iudgementagainftone *. but a!as 5 almoflal our Senators haue bene condemned euen in a moment by one man alone ( if he ought f o to bt called ) who hath ihewed himfèlfe more cruellthen any furious Lion or fierce Tigre . For he not being faulKed with the flripes and death of thofe which were fern prifoners to Theana, tooke yet further paines to make hisiourney toCally, to tortuieand behead thofc which were there alfoim- pnfoncd : and he not being tborowly appeafed thefe- withjdid ad thcrvnto the miferable death of Tattrca Lu- ùulfus aman euenbefides himfèlfe, who although that of his own accord he offered himfèlfe ,to abide any pu- ntfhmenr,yet were his torments aggrauatcd the more. AH thefea&s(0 Romans) are moft lamentable,^ wor- thy of great com pafïion amongftmen.Butyet the hate- fuJl contempt which this monftrous man hath made of yourauthoritieismoftdeteftabie: Foras he was in ac- rting the fécond execution atCaI!ie,when the miferable foules were not yet all bound to the flakes > there came (as it wereby diuincgrace, andyourgoodnes)letters from the Praéto* and people of Rome to fray their exe- cuiionmeuerthelefîè this man his ragcalone,preuailed more than did theclcmcncie of all the rcit of you. But whatisthisman,whopreftimethtobe more wife, and taketh greater authori'rievpon him, then all the other Romanes betides? Surely if cruehie be wifdome, and prefnmption carrie authcritie, hce hath rrafon ? But if humanity be decent for men,and to thinke no better ot himfclfe then others,bc mode/Ue,hc hath donéamifîe? for hee is vvorfe then a bcafl that thinkcth himfelfe bet- ter then any other man. If it were la wfulljl would faine B ij know Of Fuluius, and the know what moucd him, that he could not fo much as flay this laft cruell execution ? Or what hurt might haue happened vnto the Romans therbyc'of whom we are the true(though difobedient) children , flnce here- tofore we freely gaue our felues,& all we pofTeffed into their hands. But if fomcamongfl vs, more ambitious then the reft, vpon hope to command the weaker fort, haue yeelded themfelues vnto Hannibal^ was it conue- nient thateuen thofe who were difpleafed therewithal! fhould die fo cruelly , without being admitted not fo much as to fpeake for themfelues . Alas this crueltie is too extreame,and fo much the more in that it was done againfl the intention of the Senat & people of R ome. But God graunt that vnder the colour of this horrible deed,there be not fome fecret hidden, more pernicious and hurtfull vnto the Romans then euerour rebellion was.I know(beiides the difficultie thereof) how much all true Romane hearts doe deteft fuch as do afpireto tyrannize ouer their owne countrey, yet I may fay that the deeds of Fuluius doe fhew that he aimeth at that marke,and it may be himfclfe fufpccleth that fo much is alrcadie knowne by him^which was the only caufe why hewasvnwillingthatthe Capuans mould be fuffered to fpeake , Ieaft fome thing might haue becne difclofed vnto his prciudice,ihe which I will not affirme, becaufc that if it were fa, it ought to be more then made mani- f eft } fince that many haue not only bene fufpecled , but alfo greeuoufly punifhed for matters lefïè apparent then this: And amongft others Corhlanus^ Manlius, Spu- rius^CafftuSjZnd CMelius, only for (hewing themfelues ouer liberall.To conclude, I feele my fcife fo ouerchar- ged with griefe,as I am not able to fpeake in fuch fort as I ought, pleading before this honorable Senat, who may Senators of Capua; T>eclam. i* may be pleafcd to bcare with my weaknes, confidering that they neucr kcepc decorum which are ouercharged with extrcam fbrrow.May it then pleafeyou moft wor- thy Senators, protectors of equitie,by that little which I haue badly expreiTcd,to confider what might further be fpoken vpon this matter, by one who is free from all anguifh and f care. TheLsfnfoereofM. Attilius in. the ab fence of Fuluius. IThinkemoftgraue Senators, that thefe men here haue no other reafon to complain oî Fuluius^ but on- ly becaufe he hath faued the hues of too many of the Capuans .For it is very certaine that after the taking , or furrender of Capua , Fuluius caufed information to be made of aU thole that had borne any good willvnto the Romans,and there were found no more then three filie women,that is to fay, Fcjlia^ 0pfia. 3 and Fattcula Clu- uia, who by the hire of herbodie didfecretly rclieuc the Romans that were in priion^and the other,did eue- ry day offer facrifice for theprofpertie & victory of the Romans: The third being buta yong girle, was the fame that came vnto our campe, and gaue intelligence that thofc Numidians which fained to be runne away from Capua,wcre fent for fpics,and fome of them were found with letters about them,to carrie vnto Hannibal. Touching the reft, itmaybefaid, that although they were all guiltie,yet did Fuluius caufc thofe onely to die, who furpafled the others in authoritie : Wherfore Ful' uius was no lefle mercifull vnto thofe whom he faued, then iuft vnto them that he executed. But it is the man- ner of the wicked, yea of the moft part of men,feldome B iij to Of FuIuiuSjancltlic to remember the wrongs which they doe to othcrs 5 but what iniurie focuer themfelues doe receiue> they neuer forget. But the cuftome of the wickcd,y ea of rhe mod part of men is 3 to write vp the wrongs which they do to others in darkc letters that they may quickly bee for- gotten, but the grieefs which they themfelues receiue, they do graue in copper that they may euer be remem- bred.So likewiie doe thefe of Capua inaccufing Fuluius of crueky,for putting their Senators to death : but they do not confefle what themfelues hauedeferued.for cut- ting in peeces our Garifons,who neuer offended them, vnleiîè it were becaufe they were there ready to defend them from the fury GÎHanntball.Yea the Roman Magi- strats & other Citizens were impfifonrd, & choked vp in publike bathes. And they articulated with Hanniball to giuc him thjee hundred Roman prifbners of choifc, to difpofe of athis own plcaiure. I pray you tell me thé what torture dcThot fuch rebels (or rather cruell ene- mies)deferue, who more defired the ruin of Rome then their ownc proper fafedes t See then what the Romans hauegained by receiuing thole of Capuainto their pro- te&ioin defending them from the Samnites,& chiefly in fuffering thé to hue as free born, & our alIies,who af- ter fo great kindneshaue fhewed that they defired no- thing fomuch as to tyrannize ouer, orvtterly to root out their protectors. Such is the maner of the vnthank- f ul,who hauing no defirc to deferue the fauors by them receiued 3 do not yet Mick the better to couer their ingra- titude) to caufe thofe to fal into fome miierie,vnto who they are m.oft bounden, and by that means quite to ex- tinguilli both the remembrance of the benefite 3 & their own duties. And that it is Co, you did encourage Banni- ball ào to that which he durft neuer haueatempted, af- ter that mifcrable ouerthrow at Cannas : that is to fay, to Senators of Capua. ^Dec/ant. 1 . to aflàile Rorae,if they found no good refinance : but the Gods (who neucr Icauc wickedncs vnpunifhed 5 no more then they doe good deeds vnrewarded,and vnto whomenofinneismorc difpleafing then ingratitude) haue ordained in their iuftiudgement that the Capu- ans who fuppofed to tyrannize ouer the Roman Com- monwealth, mould haue need of their demencie, the which for their fins they cannot acknowledge: For eue as the fick do find all things of vnfàuory taft though ne- uer fo wholefome , fo cannot the wicked men like well of any good done vnto them, beeitneuer foworthie. You layfO you Capuans) that you are the children of the R omans, you would not confefTe fo much in your profperitie:aduerfity enforced you to yeeld your felues vnto vs,profperitie caufed you to rebcll . Your miferie makcth you to acknowledge that you are ours, and yet you cannot but (hew your moft wickeçl-minds in /laun- dering thofe who haue refubdued you vnto vs. If you be as you fay, difobedient children to the people , doe you not know that the parents haue full authority o- uer the life and death of their children i Why doc you then complaine ? Seeing that all of you being vnwor- thic to liue, we haue executed a few to terrifie the reft from further prouoking vs hereafter to put you all to death. Giue thanks then vnto thegods,and to the mer- cieof the Romans, andendeuourbyyourloialtie, to deferuefomanyfauors asyou haue receiued at their hands: for good turnes not defmied , are in the end preiudiciall vnto thofe that recciue them. You fay that Fuluius caufed your Senators ro die in defpight of the Romanepeople , and yet it was not he that adhidgcd, but rather vihim , and the reft which flew themfelues : foras the)' iudged truly,that noue of their faction / or 2> iiij to $ - Of-LeideriCjthe firft tofayt*^erighdy)noneof their Citizens \yere wor- thietoliue^odidi^/a/Wbutwell, hauing fcenc with his eies your obftinacie in r7ghting,your fauour to Han- mballjxid your hate to the Romans, therevpon to exe- cute iuftice : as alfo becaufe the dignitie of the confui- fhipcarriethwithit the authoritie both of the Senate and people, in fuch affaires where expedition is requi- red: and it is not for the offenders to demand an ac- count of the iudges for the iuftice which they haue exe- cuted,but thofe who by their fauor arc y et liuing ought rather to admire their moft wonderf ull mcrcie . Say then that your cruelties haue bene the caufe thati^A mus may yet be called more mercif ull then iuft. Finally heisthe man, who leauing his Collègue hurt at the fiege of Capua,came with part of the armie to fuccour Ro me, and fight with Hanniball^ who was before our gates at y our inftance: He it is who hath compelled you to fubmityour feluesagaine vnto the Romans: And he it is who in the behalf of the people,hath yet the power to piinifh you further. Wherefore it is but follie to an- fvvere particularly to euery flaunderous fuppofition which you would aiTert againft him, fince thofe that arc conquered, do neuer loue their conquerors. Declamation %* Of the fir fl Ear le of F launders , xoho wis accufed to thi French King for banging bis eldefl fon. r Ht I lemmings write very obfcurelyin their Chronic fa ^ that their fir ft Earle was named Leideric,£#>£ thefonne of one Saluart,* Fo~ fer of F launders , and they fay that the [aid Leideric, while he was yet aFofierandcom- ming Earle of Flanders. DecUm. i. ming tofifruey his woods^didfind the French kinghis daugh- ter beblouberedwiih tears Jbecaufe that in the faid forrefl, feme had murthereda Prince of England ', who had fecretly pole» and carried her forth of France . Which Princef[e\Leideric married, andof her had feuen fens ^ whom he caused to be all apparelled with garments , the left fide whereof was cloth of gold in honour of their motherland the right fide was woollen cloth, becaufe himfelfe was neither prince nor knight . 2(ow it happened that the faid French king (whofe name they like wife tell not) followed in chafe of Hart euen vnto the ci t tie of Li [le in FlaunderSy where the faid Leideric dwelt , with whom the king was lodged : who thorowly viewing Leiderics children^ thought that they greatly refembled his daughters counte- nance ',and demanding for their mother, heprefently knew her for his lofl child : Wherevpon he made the faid Leideric knight ^and created him Earle of Flanders. ?iow faith the hi- jloriejhat the eldeflfonne of the faid Earle being oldinough to court ladies t did meet before the court gates with a woman that badafmall basket of fruit to fill \ which he tookefrom her and carried vpvnio the gentlewomen. The poor e woman flaied for money for her faid fruity fo long vntillitgrew towards night, and then departing homeivard,fhe lofl her fife in theforrefl,fe as fhe could not find her houfe vntill the next morning, when comming home, fhe found her child dead for want of the teat. Wherevpon floe complained v mo the Earle ^ hefained to carric his faid fonne abroad to tourney, but pacing thorow theforrefl^ he caufed him to be hanged. Wherefore let vsfuppofi that the people accufedthe Earle vnto the king in this fort. PfFTJgVery cruelty (if it may pleafc your Maieftie) is 4jp*4 aiïûredly very odious y but that which the fa- Mrifcf ther committeth againft his owne child k mLjm moft execrable : for the father hiskindneflè ought to Of Leideiic,the firfi: ought to exceed all other loue, imitating therein, the loue which God did beare vnto man , for the faluation of whom,he hath not fpared his only begotten fon,our Lord and Redeemer ; whofeexample they are more bound to follow that are chofen to rule others, then thole which are more bale in condition, becaufethe people for the moft part doe conforme themfelues to immitatc their a&ions which command, and especially the bad before the good. Where vpon it folIoweth,that he which commandeth ouer a Commonwealth orpro- uincc, cannot offend in any meane forr,efpecially if his offence be pubIike,more if thecaufebe not ouer great, but moft of all if it be fuch a vice as degeneratcrh from the nature of man : all which faid faults are found in this deteftable deed of our Earle, hauing wrong! ullic put to death his owne fon : and what fonne t Eucn his cldeft fonne, and the fame which mould haue fuccee- ded him and bene our Earle. But what offence can bee >more pubhke then to caufe his fonnc to die by the moft fhamefull death in the world i For by the halter, arc theeues executed : and yet he had no fuch caufe to put him to death,feeing that notwithftanding his fault was remedileilc : moreouer there is no vice thought more vnbefeeminga man then crueltie, and there is no grea- ter cruelty thé that which is committed againil a mans owne blood , the which crueltie is not only done a- gainft himfelfe,againft his fonne, and againft vs in put- ting our Prince to death , but alfo againft the mo- ther and brethren of the Prince , and that which worft i?,againftyour Maieftie- hauing executed the fonne of yourdaughter,yournephcw 3 andyourfubie&,whoin procelTeof time might haue done good feruice vnto your crowne and ftate. Wheicf ore this tyrant hath not only Earle of Flanders. DecUm.il n only (hewed crueltievnto all thefe aboue named, but he hath further manifefted his ingratitude vnto his king and foueraigne- vnto your Maieftie I fay,who hath made him nobleby knighting him, creating him Earle, of thiscountrie, and accepting him for your fonne in law . What punifhment defcrueth not a crime fo mani- feft committed againft the perfon of fucha monarch? But who is fo ignorant that will not affirme that in this aâion, froward fortune hath rather beene thecaufeof themifcheife happened vnto this woman , than the prince himfclfe 5 ot els it was her negligence or ill hap, or the defteny of the infant. What meant fhe to ftay fo long ? Did not fhe know where to haue found the Prince the next day f Had fhe loft her money by flay- ing for it? But to be mort, this woman did (hew her felt e to be both cruel! and obilinate, as their fex arc for the moft parr, and it may be fheftaied folongtatling with fome of her goffips , and boafting that the Prince had bought her fruit, as night oucrtooke her before fhe was aware : for the prattle of a woman is oftentimes without meafurc. But were it that the Prince his fault were farre more manifeft and hainous then it is, yet is the caufe to be iudged by none but by theking onIy,or byfuchasfhould by his Maieftie be deputed and ap- pointed for iudges, and it is more vnfit that the father fhouldbeiudgeofhischild then any other, becaufe either too exceeding loue 3 or too extreame rage,may o- nerrule him : for when he is angry with thole whome he loueth,his anger proueth more vehement and dan- gerous towards them then againft others. Likcwife no iudgement ought to be pronounced without counfell - and due informations ; But what proofes was brought againft our prince ? Where arethofe which were cal- led • i z Of Leideric, the firft led to confult vpon judgement, or to giueaduice that he ought to die t Alas, the father and the hangman were both Iurie,Iudge, and Executioner . Well,God graunt this mifchiete proceed not from fome other ground: that is to fay,leaft fome old malice long fince conceiued hath not made the father to find this occafi- on to deftroy his fon,it may be, chiefeiy to aduance his fécond fonne,whom he loued better. IpafTeouerinfi- lencehow hee hath fecretly endeuoured to haue the world fuppofe that the fame was none of his (on, ther- by meaning to (lander your daughter, for thofe which know thcmfelucsinferiour to their wiues, doe neucr loue them heartily, but feeke all the meanes they can to make them lcfTeefteemed, and efpecially fuch as arein- gratefulljof whom th is Tyrant fheweth himfelfe to be the chiefeft . It may be faid that it is not lawfulltoac- cufcanymanby conieclurc, but what vilencfte may not a man imagine by fuch a one, feeing that like as ver- mes are knit together, fo do vices follow one another? To conclude ( dread (oueraigne) we doe better feele this wrong done to your Maieftie^o your daughter, to herchildren,andtoourielucs,thenwe are able to ex- preilc the fame in words; but our iuft teares together with our (ilence,demand iuftice of your highnefTe. The anftvere of the Earlc. *MfT5$S nothing furely can be more odious, or dege- f^r/(Ml neratingfrom the nature of man thencruel- feér^lrf tie, fo alio is nothing morenecelîàrie for hu- ******* maneconuerfation, then iuftice ioined with wifedomejfor indeed without it, iuftice feemeth to bee no better then crueltie, aswifedome alfo without iu- ftice Earle of Flanders. Declam.zl ïj ftice is efteemed no other then meere malice, yet hol- ding thefe two vermes linked together, a man may put his owne child to de.'th, and not be taxed of cruekie, but rather praifed for his pietie and loue towards them and Common wealth And fuch were the Numantines accounted for flaying their children , rather then they would leaue them for ilaucs : So was Virginim who kil- led his daughter to laue her chaftitie. ï paflè ouer Man- lifts Torquatus , Pojlhumius , and drders others who put their owne children to death onelyforthe zealc they hadvntothe obferuation of militarie difcipline : yet for all that not any of all thefe haue beene iudged to be cruell or worthy of blame , but on the contrarie hauc thereby gained immorrall praife and glorie . Likewife there is no doubt at all, but that the fathers kindneflè ought to exceed all other loue : following the example of our maker,who leaueth not to exercife his mercy to- gether with his iuftice : and that it \s fo,hc many times punifheth finnes both in this world , and in the world to come: moreouer wemuftnot thinke any father Co cruell to hurt his fonne in the little finger without fee- ling the griefc thereof himfelfe in the middeft of his heart , and therefore it is a meere folly to teach fathers how they ought to loue their children, fince nature who is the miftrclTe of all humane creatures inftruð them therein fufficiently : and as it is moft certain that princes or fuch as rule, arcaboue all others bounden to be vertuous, and that they arcconftituted as guides and examples for all their fubiecls to follow , fo canit not alfo be denied, but that fcueritie of iuftice is more requifitin them then any of the other vermes, fif ver- mes may be feperated)and he which will well confidcr my deed without pamon, mall find all the foure princi- pal! H Of Leideric,the firfi: palïvcrtucs therein to be obferued. For fTrft of all I hauedoneiuftice inputting him to death, who was notonely the death of an innocent, orattheleaft the fame thatcaufed the mother tofufrcr her child to die, but alio luch a one who defrauded apoore woman of part of her liuing,in that he paicd her not for the fame, which (he brought to fell for her reliefc . My prudence was (hewed in putting him to death without any com- motion of the people,and in ten ifieng all others from offending, asalfo to take from eucry malefactor all hope cocfcapeiaftpuniflimentfortheirmifdccds.My temperancel declared in cauhng the offender to die by the morteft and fecrctcftmaner of death that I could dr uife,thercby ridding him from the fhame to be a fpe- ctaclevntomany. And my fortitude was manifeft, in that I was able to ouercome the defire which Ihad to pardon him both the fameand all other onences But intheendconfîderingthat the firfi princes are bound by their examples to ffirrevp and prouoke their fucceA fors to execute iuftice without partialitic, lhaue for that end facrifrced my will,togcthcr with the life of my beftbelouedfonne, bccaufetheeuill cuftomes of the former princes are turned into lawes by thofe which fucceedthem,andthofe which are good arc quite for- gotten if they be not -confirmed byverie memorable . examples. Therefore Saule à\d not amifle when hee would haue put his fonne îor.aibas todcath, feeing law is to be adminiftrcd vnro all alike? for where exception ofperfonsis refpected , there muft needs corruption of iufrice foliow^which marreth all,for nothing can be permament which is corrupted. True it is that he was niy eldefl fonne,but being fiich a one as he Was,he net- ther ought tofucceed me , nor yet to Hue any longer : and Earle of Flanders. Declam.z. 15 andaccufemenomoreof crueitie, finee to punifh an cuill doer is a deed of mcrcie, for pitrie without iufhee is follie or rather iniquitic- and the greater he is that of- fendeth, the more leuere punifhment he deferueth :For the poore wretch j orhce which is of bafecondition, may cxcuie/himieïfe by his pouertie,by want of instru- ction, by ignorance, by his iewd education, and fuch other like reaions both vaine and f riuolous; but the of- fences of ^rcatperfonages is to bee attributed to no- thing bet topi idc & maltcc.Neitherisonedcathmore fhamefullthenanotberjbut only that death where the parrieisraade afpeéhclc to the (hndcrs by : for it is not the death, bat the oiîcnce that is frnmcfull . And therefore in ekecating iuftke I cannotbetearmedcru- til vmo mine ownc blood or my forme, nor vnto your prince, vnto the Kings daughter , neither vnto our children .-for he not being fuch aoneashee ought to be, was now no more to be regarded by any of vs , but was no better then a thief e, and amunherer. Who is then fo mad as to be called a grandfather, father ,- mo» thcrjbrothei^or a f ubk à to {<> vild a man? Neither muft thtfebethemeanes to begin thofe good feruices that ought to be done vnto the crowne of France, which wasrnftititutedand prcferued hethertoby vertuc.Itisa vainc thing.jo goc about to pcrfuade fathers of the va- lor or worthineile of their children, feeing that for the moit part they beleeue it more tben.is rcqmfite, and al- ivaics dee excuie their faults wore then they ought; of which fort J eonfcfie m v felfe haue oeene one , fo lono; as there was any hope of amendment. I afïure you,that 2 long time was my heart mod greeuoufly perplc.ved, before I could confenr vnto the puniQimcnt , & death of myfônne. But omitting, all other circumftanpesl will 1 6 Of Leideric 3 the firft will (hew you the rcafons which mouedmetoput my fonne to death/or trie Tonnes difcredite, muft necdes bee the fathers difgrace, becaufe they doc alwaics coc- ker their children but too much :and therefore it was not without caufe that the Romanes (from whence all good lawes haue their beginning' did giuc vnto fathers all power ouer the life and death of their children, knowing that without moitiuft occafion they would neuer put them to death. No fonne could be more dear vnto me then mine eldeft,but equitie commandeth me to loue the Common wealth better ; which in no iort can be regarded,whcn he which ruleth the fame isnot vertuous, becaufe none therein (houldbe infafety if the prince were vicious , My life and death is in the mercic of the kings Maieftie 5 but to die, I would not haue failed to doe that which I hauedone,being'aswe are) mortall, and death may only bedelaiedjbut note- fcaped.Ourlifealfoisnottobemeafured by our years but by our deeds: for he hath liued long inough who is by good men deemed moft worthie of long life, and lie cannot die too foone , who fpendeth his life in wic- ked nefTe. Wherefore it was no reafbn that my fonne fhould haue liued any Ionger,and I would to God that fo his reproch might die with him , as Iwifh my re- nowne may Hue after me . Touching iudgement, he which gouerncth the Commonwealth, muft needs be iudge in the fame. Such were the Dictators or Confuls amongft the Romanes, andfuch at this day are kings andprinces. And P/4/0 faith: Ha ppie istbatcountric where Philofophers are kings, and kings bePhilcfo- phers : whereby it appeareth , that rulers ought ro bee iudges,asyouyour fclues doe confeffe, in faying that the king ought to haue iudged my fon : which indeed had Earle of Flanders. Declam.t. tf hadbenreafonable,, if hisMaieftiebyhisprerogatiue had not giuen mc free authority in matter of iuftice ; in fuchfortthenaslamfubieft to the iudgernent of the king, ismyfonne fubieâ vntornine, and I am not to yeeld an account of my actions vnto any other then vnto his Maieftie.- and efpccially becaufe the witnefle of a father againft his fonne is more fufficient then all other tc(timonies,according to the reafons aboue faid : andfàuingmydutievntohis roiall maieftie, and this noble aflilfance , this is molt falfe which you obieft a. gainft me, touching my ladie the Counted^ who hath thought me worrhie to bee her husband , and the king accepting me for his fon inlaw, I haue euermore loued and honored rand fo far am I from caufing her to bee ill accounted of,as with the price of my life I would fecke to defend and incteafe her honour, which being fo , it maypleafehishighnes nottofuffer himtobevnpuni- fhed , who hath fpoken fo flanderoufly as thou haft done,as if any perfon liuing might doubt of her chafti- tie.In faying that I thinke my felfe to be inferiour vnto her j thou doeil: therein alfo fhew thy ignorance toge- ther with thy malice : for befides the difference of the fex,which maketh euery man better then a woman,it is moftmanifeft , that loue and marriage dothalwaies make the man and the wife equall . It is likewife to bee confidered, that they are no leflè noble which attaine therevnto by defert, then thole which come vnto it by defcent, for which the heircs are the more beholding vnto their an ceft ors : and to fay that I deferue not the dignitiewhichIenioy,it(houldbeareproch vnto the king,who of his grace reflecting my deferts, hath him- felfc thought me worthy of what he hath bellowed vp- onme . Laftly, Iappeale vnto your maieftie for the G wrong ï$ Of Pacuuius,andthe wrong which my fubieds doc offer me in accufing and flanderidg me vniuftly,and confequendy I demand iu- fticevpon the fame. Declamation, ?♦ OfVacxmiusjwhohamng by his fubtilty fatted the Senators of Capmjs accufed of Treafon. F ter the ouer throw of Cannas jnany ci- ties yeelâedvnto Hanniball, and in fome of them the people rebelled a- gainfl the Senators, as thofe of Capua, did^ where the Senate were in great danger to be cut in peeces by the com» m un alt ie , the which Pacuuius fore- feeing^ betngafubtile man , and of the number of the Senators, but better belouedand ejleemed amon^fi the people then with the Senate he determined toap- peafe the people by a wile : Whereof confulting with the reft of the Senators 5 and they finding no better meaner for thtirfafe- tiesjhey consented therevnto . Wherevpon Pacuuiusfained U detaine all the Senators asprtfoners in thcpallace , appoin- ting certaine Plœbeians there to guard them: then hefaidvn- to the people which were already afjembled before thepillace, I haue the Senators our enemies in onfon^ and am oft he opinion that all oj them fhould be put to death : but to the end that the citie may not bé dejlituteof CWagiffrates , it behooueth that you y our felues doe chufe amongfl you new Senators in the feed J cf the others which we fbalkill Jo the end thai we may not be furprifedvnawares , either by the Remans or any other cf our enemies, and haue no: fuchasmay command and goueme vs. jhen hattmg a Catalogue in writing of the names 'of all the Senators Senators of Capua. Declam.$* ** Scnatorsfafaid: Fir ft fuch a one mufl be killed (who was a ma. of great author iiie)namc one amongftyou who may be thought worthy tofuccecd in bis plate . Then the people began to looke one vpon another , and there was not found any that was dee- med fufficient to take that charge vpon him . Wherefore they began to accufi Pacuuius of crueltie^and in the end they con. f (fid 'that there was not men enough to be found amongfi them wort hie to be Senators , and therefore they concluded to leaue the St nate euen as it was . Wherevpon the Senators were both deliuered^and confirmed in their former authcritie. ICet let vs fappofejhat it happened, that one amongfi theSenat (nolefie enuious of Pacuuius his authoritie , then ioifull that he was fitted by hisfubtiltie) did long time after accufe him at Rome, affirming that hee onely induced the people vnto this [edition, and that his intention was not tofaue y but rather to flay the Se- nators jtnd began his accufation in this manner : ^Ndoubtedly fuch as fuffcr a wicked or vie ious man to Hue in a citie> doe either firft or laft re- , pent it, yet is it rather commonly too late: {*<&LJiM How much more then ought they tobefor- lie that fufTer fuch men to obtaine the gouernement of the Commonwealth,and the honors only due to righ- teous and vertuous men 5 who for the moft part doe fhunfuchauthorities,becaufeitisahard matter to exe- cute io waightie a charge well. For fince the weaknc flc of man is fuch , as euen the wifeft doc miftake bad things for good,and good things for bad, vntill the ef- fect of that which afterward happeneth doth make thé know their error .How can vitious or wicked men be a- ble to doe any thing that is good ? Surely honours are the true touchftone wru reby the verrue or goodneflc of a man is knowne : for in authority vertuous men do t C ij mani- 20 Of Pacmrius, and the maniicft their goodneffe y aswicked.mcndolayopen their badttÇÛc^as^^ri/i^es^Epammu/idffs^LicurguSj and others in all theirauthority did (hew that venue wasin- corruptiblc : And Perianderjififlratus^ Lifandcrmd o- . thers declared, how much ambition preuaileth ouer fuch as are not perfectly vertuous , whole example Pd- cuuius was defïrous to imitate,fbr being born in Capua a wicked man, and feeing that he was there in fuch fort fuffercd to remaine } he durft wel make claime vn to dig- nities, and obtaining the fame did afterwards afpire to be tyrant.Forby how much they which are vnworthie ofauthoritie , and yet doe attaine there vnto, byfo much the more doth their infolencie thereby increafe 5 and that in fuch fort, as they not only doe prefume the fame to be due vnto them, but alio that there is no go* uernementgieatinough for them, and therefore fuch opprefTceuen thole who haue mod fauoured them, which truly is a iuft punifhment which the Godsfen- deth vpon thofe who fauour the wicked , that eucn by thcfame themfelues are oftentimes deftroied. And fo is it iuftly fallen vpon our Senators, who knowing the vi- ces of this man , haue not only permitted him to at- taine the moft principall honors, butalfo by their neg- ligence haue fuffered. him totirannife ouer the Senate and people, euen to the danger of theliuesof the (aid Senators ; being fo audacious as to affirme vnto them, that he only was able to defend them from being hew- ed in peeces by the people : and afterwards by his rafh- ncfTèputall their Hues in danger of the peoples info- lencie.But what had it bene if the people had refolued to doe that which hecounfelled them vnto ? whataflu- rance had he that fuch his fol ly fhould haue come vnto a good end ? Truly that was euen the leafi of his care, feeing Senators of Çapua. rpeclam. 3 . 21 feeing that it could not happen am hTe vnto him, for if the people flew the Scnat,he(hould rcmaine the prince of the people, and the matter falling out as it did, hec fhould remaine lord of the people and Senat together, perfuading both the one and^he other, that they were highly hound vnto him : Whervnro the Senat was for- ced toyeeld^confideringtheauthoritiewhichby their fault, he had gained amongff the people: yet this had beeneafmall hurt if he had becne contented thatbut -onely.himfc^fe fhotild haue bcene king,but his anions declared that he\yould confirme the kingdomq vnto his poiteritic by the means of Hannibdlfi\\\o whom he not only brought his fonnc Pervlla^ but himfelf did ftay him from the killing of Ifanniball^ and from the procu- ring of the freedom eK>£ hiscountrie by this his mofl nobleacY. Finally this nobleyong man did very well fhew himfelfe to be the fonne of a Roman matron,hoI- ding that noble mind of his mother : How could hee -chufe but be greened at the heart feeing that by his fa- thers words (who rather ought to haue exported him therevnto) his moftcouragious purpofe was broken from the which this hairebraine man in all vild .actions did not only diffuadehim, butalfoconftrainedhim to .giue it ouer,affirming that if he would not bee ruled by him,hc would aduertife #4##/£<*/ thereof, yea & would couer him with his own bodie in fuch fort as he fhould not be hurt vnlcfle Pacmius were flaine. Thus he alone did corrupt the faithfull zeale which the child ought to the Romans and his countrie.I pafle ouer with filence, how that hee was the caufe that Deems CMagius was fo euillyintreatedby/taw/^W/in the prefence of all the Citizens,and then afterwards clogged with chaînes to he carried to Carthagejif ;he gods Cad not fucccoured Çiij * him . is Of Pacuuius,and the him better then this honourable perfon, who had fuch credit with HanmbaU 9 that at his banquet was the fé- cond man at the tableland his fonne the third, and yet did not once excufe , but rather moft greeuoufly accu- fed poore CMagim to hauealwaies fauored the Roman faftion . Thus hath this vnhappy man betraied his countrie foure times. Firft when hee put the life of the Senators to the difcretio of the people:fccondly,whcn he caufed Capua to reuolt from theRomanes: thirdly when he made an agreement with Hanmball, andfuffe- red him to enter into Capua : and fourthly, whenhec kept his fonne from killing mnniball. Hewillanfwere that he alone neither caufed Capua to reuolt, nor to re- ceiue Hanmbdl\ fay he did,f or vnder the colour of his protecting the Scnate,no man durft gainfay him in any thin*, except UHagms who was punilhed therefore. If thofe who (without calling any ftranger) doe by no fuch execrable meanes aipire vnto tyrannie, are gree- uoufly punifhed , What torment then may be funic*- enttobee inflicted vponthis wicked manfvVhonot content to haue vfurped the gouernement, and called in a ftranger for his defence, did alfo by threats corrupt the good nature of his fonne . Remember O you no- ble Romans that you haue for leiTe fault punilhed and driuen away your kings, and confider alfo the caufes why we cannot, much lefle will not be vnder any other then you,doe vsiuftice then vpon him,who hath with- drawne vs fromyou. The Anfotre. ««rwMonçft reafonable and vertuous men,al vices P^ areodious,butaboueall, ingratitude is a vice fefr 4& mofldeteftable, foritisthe caufethat manie **LBi Poodtutnesarcieftvndone ; foreuenasthe *> luie Senators of Capua, ^Dec/am. $ . a? iuie caufeth that tree to die about the which it windeth, and which fuftaincth it, foanvngratefiill manfeeketh the death and deftruâion of him,to whom he is behol- ding for many good turnes, which maketh a number fearcfull to employ themfelues either for the particular good of any, orforthethepublickebcnefiteofmany. But the noble minds leaue not for all that to doe their endeuorsjfor euen as the fun is nothing infected by the mud vpon which it (hineth , and as the (landers of the ingratefull can no way hurt the true vertue,which euen in the middeft of vices,fhineth as the light doth in dar- keft placcs,euen fo this damned man,the more he thin- keth to impair my reputatiô, the more doth he increafè my renownc. For firft he faith, that I haue obtained the chiefeft dignities in Capua, it is then a figne that either lamvettuous, or els the reft of the Citizens that haue aduanced me to fuch au thoritie,are ai vicious : for eu e- ry onefauoreth his like,& repugneth his contrary. You fay that I thinke my fèlfe a tyrant : Where do you find that tirants do fuccor or fàue the life of fuch as pretend tobcequallwith them in power: can you denie that bymineinduftrietheSenatwas fàued ? Hath not the effect made the fame apparent ? You fay that I brought them in daunger,hazarding their Hues to the difcretion of theinconftant people, how is he brought in danger who alreadie by his owne fault is fallen thereinto ï Do you call it a hazarding, to faue mens liucs < If you had knowne any other meanes more expedient,you ought therein to haue giuen your aduife ? But that in extream euils extraordinary meanes ought to be vfed:So I kno- ing that the euill proceeded afwell from theouergreat prcfumprion of theSenat,asfromtheinfolencieof the people,thought to find out the fitteft remédie: for each C iiij par- H Of'Pacuuius,andthe partie,perceiuing his error framed himfclfe according- ly . Thinkeyou before I feémed tomakc itaqueftion whether the Senators fhould Hue or die, that I had not firft gained the chicfcfl: of their enemies, and that I did notknowtheweaknefTèof the reft ? And as touching thispointof theyeeidingto Hamtibâll^ theauthorsof his receiuing they did poifon thcmfelues, which taketh a vvav the fufpition that anie other was the caufe there- of : How could ! then be able to refift Hanniball more then you and others? True it is that I was fécond pcr- fon in bis bancket at the table,but the fame was rather a ligne that he did it to win me,then that Î was fuch a one asyoutearmemctobe. For the fubtile Barbarian, did not embrace thofe who did already fauor him,but fuch as he would draw vnto him : and the better toproue thartrue,myfonnewhomheknewtobee a R*&man in hcarr,was the third man at his banquet ^ whom trulie I confefïè 1 did difTuade from killing Banmbai^bccauie it was a thing impoffibIe,bcing alwaies armed,enuironed with his gard,and chiefly becaufe he euermore fufpec- ted my fonne greatly : So that the beft that could hap- pen by his rafhneffe, would be but the death of him & manie others, and it might be the vtter fubuerfion and ruin of Capua. What hurt then haue I done preferuing fuch a one as is moft afTectioned vnto the Romans,and alfoinfauingthecittie which could not faile but fall into their hands againerfor al. violent things as wasthe fortune of Hannibalzxc of fo long continuance,but be- in^ at their Periode,turne vpfidedownein a moment. Therefore in fuch a time rrtorewifdome confifteth in difïïmulation,then in obftinate boaft ing,as appeared in that of Magiusjuhich was nothing profitable vnto any man, andbefidesitwasnotonly hurtfulltohimfelfe, but Senators of Capua. 'Declam.i. 2$ butalfo Barmiball did thereby know the cowardlinefle of the whole Scnat,and Citizens of Capua, fince that before their faces they differed one of the noblefta-. mongft them , to be bound and carried away vnto his campe. It was then that they fhould hauerefoluçdor taken occafion tohaue run altogether vpon Harmtb&ll^ and to haue mafTacred him,as my fclfe and Tonne were defiroustodoe,ifwehadfeeneany likelihood tohaue ben feconded by any: but there was then no mow of fuch courage in you,& the more you accule me to haue brought you in bondage, the more vn worthie are you to be beleeued. Yet if it were fo, why did you endure it? you will fay forfeare of thepeoplc : why could not you win or keepe the people in obedience,as well as I < Surely becaufe your ambition , and pride was more great to grieue them, then was your wifdome or poili- cietogouernethem. You will impute me for fauoring more the Plebeians then Patrician faâion :fo was the like heretofore obieâed to the Fabians , who after- wards enterprifed particularly to defend Rome from the Veians at Cremera,wherethey all died fauing one, who hath raifed vp again their race, which is at this day fo profitable to the Common wealth.To conclude,mi- ferie is alone without enuie, wherefore it is not to bee wondered at if thou docft vomit a thoufand kafings a- gainftmyvertue, longtime guided by good fortune, yet for all that canft thou not fay that I haue afpired Ti- rantlike to ruIe,nor called the Ibanger , but the grcateft hurt that I haue done , is that I haue faued you and o- thers like vnto you , smon^ft the good and faithfuli friends ffuch as my felfe ) of the Romane Common- wealth. Declamaû- Of him that woulc! vfurpe the Declamation. 4* Of bimvchich would ^vfurpe the inheritance of a, ^Prince ,that went to the warrcs againH his fa- thers will. Mere was a Prince who forbad his fonne ta gee on a certaine iourney to the wanes jhreat- ning if he wentjo dejheritc him. The fonne for all that went thether : wherefore the Prince _g made a nef hew which he had^ his heire, leaning notwithflanding a great reuenuefor hisfon, which is augmen- ted by the new Prince. ISlmerthelefeJhortly after he redeman- ded the principality faying : tHauing done nothing vnworthy for a Prince Y^or a gentleman, my father could not diftieritc te' me. Wherefore it is as fit for the father.in com- 'manding,tobewife, as it is for the fonne in o- beieng,to be willing .What if my father (fearing to lofe me) had forbidden me to defend the Church, or my countrie, Oughtl to obey him in this commaunde- ment,beingnolefle difhonorable and prciudiciallvn- to himfelfc then to me and our pofteritie? Verily I con- feiTe that fathers ought to bee obeied in all reafonable things, but when their commandements are to no end nor reafon,they muft bee neglected 5 and after, as they may,obtaine pardon$if of themfelues they confeflé not theirfault: befides, it muft bee diftinguifhed what the matter is,and what it importeth. Indeed I will confefle that I mould greatly hauemifdone(my father or coun- trie inheritance of a Prince. Dec/am.^ 27 trie being in war,or in any danger)if then I fhould haue fbrfiken them for any thing that might happen , but when there was not fo much as any (hew of daunger, what hurt haue I done, if in the wars els where I haue ferued , to learne the better how to defend our owne countrie i or rather if I made. knowne abroad to (Gran- gers, and our borderers , that they fhould not fo much as thinke to offend me,and not looke for requitall ther- ofjfinceihatldid voluntarily vpon mine owne plea- fure goe to defend others ? Tell mee then wherein I haue either offended my father or countrie by this gen- tlemanlike a<5l , or whether you ought not your felues to haue accompanied me, if you had bceneas valiant as you fhould haue beenePbur it is al waies the cuftome of daftards to couer their owne cowardife either with thefhadowof a certaine obedience towards their pa- rcnts,orbyafhewof wifdome, asfometimcsalfoby a figne of their innocencie, morefuperftitious then reli- gious: faying they ought not to kill any man,or if they mould as often haue their hearts and courage confor- mable to their wicked wils, there could not bee more cruell people in the world then they : Is there any in ** the world more defirous of reuenge then women, and yet is there no creatures liuing more bafc and fearefull then they : for as impoflible is it for a noble heart to be cruell,asitisforacrucll man tobecouragious:ifyou had not bewitched my fathers vnderftanding, he could not chufe but haue beene very defirous to haue left bis principalitie to fuch a fonne of his owne, as had made proof e of his skill in keeping,as alfo in augmeating the lame if need were : and efpecially being bound vnto his people to leaue them fuch a ruler : for princes are not or mould not be othenhen fathers or tutors at the lead Of him that would vfurpethe aleft vnto their people > vvhome they fhould after their cdath leaue to be guided by fuch a one as fhould main- taine their laws and rights , and which fhould defend themfrom fuch as would offend them .• wherefore not without reafon did Pirrhus king of theEpirotes anfwer his children (who asked hinwo which of them hee would leaue his kingdome) that he would leaue it vnto him that fhould haue the fharpeft and beft edged fword amongft them al. This valiant king did very wel know, that fuch rcalmes where the king is not held for a foul- diour, arealwaiesmoleflcdby their neighbours or by Grangers : Haue not wefeene as much by proofed that whileft the Macedonians were vnder Philip, Alexander, and other valiant kings, yea cuen vnto thelafti>&% they were alwaies in profperitie: but after Per/ens was their king,they were iubdued by the Romans, and Per- feus being vanquifhed,was carried in triumph to Rome by Paulius Emilius. But why fhnd I vpon fuch needlcfTe examples,fccing they are infinit and without number ? Whether had the Romans euer finifhed their new citie amongft fo many enuious and euill difpofed neigh- bors,without the valor of Romulus their king ? Finally if my deceafed father had well confidered of thefe rea- fons, and that hee had not beene badly counfellcd by you and fuch as you are, he had not diiherked me, but ihould greatly haue reioiced to fee , that during his life I endeuoured to make my felfe worthic to fucqeed him in his feat. I need not to make a doubt whether hee might for any caufègiue the principalitie to you or to arty other , fînee himfelfe hauing receiued it by inheri- tance from my grandfather, and I being borne vnto if, and notvnworthieof it , ought to cnioy it as my due, aad lawfuli fticçeffion a - for hee was no other then gar- diap inheritance of a Prince. Declam*^. *9 dian and protector thereof: how could hee then take it from mc and giue it vnto you,who defcrue the fame in no fort,neither by reafon nor by valor : Had you bene fo wife as you thinkeyour felfe ro be,to gaine a dignitie oranaiTurcdprincipalitie,youfhould haue immitated fome fuch,as it may be being lcfïc cowardly, but more wile then you , and knowing themfelues not valiant e- nough by armes to winne any authoritie, doe become fiift begging friers,and fo well behaue themfelues ther- in,as afterwards they become cardinals, yea anfl often- times obtaine the Papall feat , in fuch fort fhould you haue become a Prince ; You I fay who haue neither venue nor valor,but in your tongue, by the which you could fo well perfuade my de cealTed father to difho- nour himfelfe,and to wrong his onlie ionne,preferring you before bim.But I haue fuch an allured hope in the Emperour hisfacred Maieftie who is our iudge, as that flis.ll be reftored which of right belongeth vnto me,and IalTurethatbutfortherefpeft Ibeare to the iameMa- ieftie 3 I would doe that,as you mould know you ought nottovfurpemy gouernement, but thinkeyour felfe verie happie in furrendring the fame ouer to me, & not receiue the punifhment due for your rafhnefle. RAfh and vnaduifed may he be tearmed , who in the end of his reafons addeth thrcatnings in the preftnee of his imperiall Maiefiie , whom he fai- neth to rcfpe£, & vpon whom fuch an iniarie redoun- dcth rather then vpon me who am here vnder the pro- tection of his faid Maieftie . Buttoanfvvete vnto this your deed > I fay that itis not the a& of a gentleman to * dif- 30 Of him that would vfurpe the difobey his father cither whileft hee liueth, or after his death, in defiling to take that from me which he char- ged me to keepe by his laft Will. Touching the firft dis- obedience ; Durft you be fo prcfumptious to vnder- ftand the caufe why your father did forbid you to goe vnto the wars/ 1 You were oucrbold therein, fincehe knowing your indifcretion and wauering mind would nottruftyou with fuch a fecret matter : How manie things feeme aduantagious,honourable,and profitable vnto yong men, which old men doe forefee to be a ma- nifeft ruin f What doe you know what they doe keepe in ftorc for you whom you haue offended in this war ? Or if he who euen by your aid is become more mightie fliallvfe the lame his power to your preiudice ? Forfo . did the Romans, who being fuccoured by their confe- derals, did fit ft vanquifh other nations, and then after- wards fubduedthoie their confederals likewife : what do you know if your father f orefaw the fame, or a grea- ter danger ?■ If we are bound to beleeue old men , how -much morethen ought euery one to beleeue his father, of whom (nexttoGod)heholdeth his life and his be- ing ? And therefore they are double in fault which do not onlie giue no credit to their words, but alfo do dis- obey their commandements as you haue done: for if - one way you mail lay the fault vnto your frailtie,which hindered you from beleeuing the truth, and fhall fay it is mans nature fo to doe 5 Yetyourdifobedience added therevnto, doth another way make the fame vnpardo- * nable. How manic arc there that haue put their chil- dren to death for lcffe fault then yours ? It may eafclie be feene by the Hebrew,Greeke, and Larine hiftories .• As for example ^Saule the firft King of the Hebrewcs, would not he haue put his fonne Iwathas to death for tatting inheritance of a Prince. Dec/am*^. 3 1 tailing a little honie againft the commandement of hjf (aid f aiher,although he did it ignorantlie/ 5 Epammondas the Theban,did not he caufe his lonne to die, for figh- ting côtrarie to his comandementrdid not Anltts Pofthu- mius^xwà Manlius Torqnatus Roman? s do the like ? what would they then (thinke you) haue done, if their chil- dren contrarie their wil and commandment, had gone to the wars as you haue done f Teaching them who were with you to difobey their princc > as you did your lord and father : and not content to haue offended him during his life,will confirme and ratifie your difobedi- ence after his death , in refitting his laft Will and tefta- ment : and to his great diihonor accufe him with want of wit.For lefTe fault was Cham the fonnc of lioe , not onliedimcritcd, butalfocurfedof hisfatherfor euer, yea and his pofteritie after him, who could not do with the faults of their father and grandfather .The Romans had not the power ouer the life and death of their chil- dren : So that but for fuch men as you , that law at this law had not becne inuented^for from the vniuftice and wickednefieofmen,dogood } hoIy, and righteous laws proceed : Wherefore it is a true Prouerbejthat offences beget laws,and afterwards thofe laws doe difcouer and punifh offences.-for where no fault is , there law is not requifir-and where no law is, there can be no breach thereof: WhcrevponS.P^Maitl^Thatthe lawonlie made me know that to defire is finnc. Your father did not prohibite you from the defence of your countrie, orthechurchjthereforeyounecdnot makcaqueftion of that which he did not, but of that which heedid, which was his difïuading you from this war, and for the fame caufe bee added thrcatrtines vnto his com- mandement . And notwithstanding for ail this, you would 3» Of him that would vfurpe thé would not obey him , but it may bee the great griefe which your father tooke for this your obftinacie hath procured his death : and yet you fay (although he hath not wholly difberited you) that he did you wrong ro giue the principalitie vnto him, whom he knew to bee beftabletokeepe it:feehowfarre the loue of the fa- ther exceedeth all the malice that the fonne can ima«- gine : for notwithftanding after this your fault, hee thought vpon your profit more then you deferued,and therefore he had a defire to leauc you vvherewithall to liue like a Prince, but not the power to Ioofeyour felfe and your people : Doe you thinke the good Prince did not know j that in the wai res vices are fooner learned then vermes? And that you were more inclined to wic- kednelTe then wifedome ? For how can he be a louer of vertue,which deljpleth both his father & his comman- dements? Moreouer hee knew very well that the coun- trie whofe Prince is accuftomed to the wars,is neuer in peacc^and not being in peace it cannot profper. Aifo he laid, that as countties had long ben kept,fo they fhould 6c maintained , becaufè euerie alteration or change is dangerous, and if there come any profit thereby, it is not in their daies to bee expected who are then liuing. Wherefore knowing that his predeceflors and himfelfe had more encreafed and confcrued their gouernement by wifedome, equitie,and iuftice, then by armes,it fêe- mcd nothing reafonable vnto him , to leaue for Cuccc(" for fuch a one, who only feeking to be counted valianr, would forfake all vertue,which takes her beginning frô thefeare of God^and he which feareth him , is another manner of man to his father , then you haae beene to yours. Nowfince your father had all thefe reafonson his part, can you fay he was nota good proteclor both of inheritance of a Prince. Dec/am.^. %3 of his pcople,and alfo of you : Likewife he knew that Numa Pompilius did more conferue and increafc Rome by his religion and good la\ves,then Romulus did in the building thereof by his wars : the which to fpeak truth, areverieneceflarie ineucrie new gouerncment ; 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 defenfiue, the which we may fee by the Romanes,who neucr were ouercome but by their own proper forces, alio the fouldiors which were in the citie were the deftruction of the fame. Therfore thofe princes do wel,who haue the means to fend fuch people to exercife their furie in ftrange countries , for armes are alwaics hurttull in a countrie, vnleflc it be for the defence thereof. You fay that becaufè you haue beencin the warres, your neighbours and Grangers will (land in feareof iyou ; better were it for you to bee belouedof them : foreuerie one defireth their death, of whom they ftand in dread. I would haue followed you to the wars my felfe , if you had gone thetherby commandement or confent of your fathcr,vnto whom it was griefe enough to bee difobeied by his fon, with- out encreafing the fame by the like offences offris ne- phewjfor if I had followed your courfe, I mould haue thought that I might haue giuen him iuft caufe to think me none of his fubie who am his mod humble & moil faithf ull feruanr. Declamation. 5 „ Of Spurius Seruûiusjyho defended him fe If e again ft thepeople^being by them accufedfor his coward- ly fighting at the hill of fanicola. Ot longtime after that the Kings were bam- fliedRome^andthat the death of Tarquin the la/i king thereof was made mantfefi^ the Con- fuis and Sénat began to grew more prowd and j couetous then they were accujiomed y and the people being on the one fide otter burdened with ta xes , and on the other fide oner laid with t furie , and imprifonedfor debts y they began to rife againft the Senat y infuchfort that they be- ing in armes vpon the holy mountain* 5 they would in no wife he perfuaded to depart > before there was granted vnto them that people of Rome» Dcclani* 5 , 35 that they might hauetrvo Tribuns fer the people • by meanes whereof their infolencie grew to that heigth , that when they had not rvarre abroad [they troubled the Senat at home^ inten- ding tofet new lawes abroch^andamongft others , the law cal* led i^yfgr aria : and on the ot her fidejhe Senat refijling their demands in that behalfe, they were cited before the Tribuns, and condemned fometimes into exile , and otherwhiles great fines fet vpon them : by reafon whereofcfomc of them did vo- luntarily banijh themfekes before that iudgement was pro- nounced again fit hem , and others made them ft 'lues away by fome kind of death before the pronunciation ofthefentence : amongft whom was Coriolanus.^0 diedi n exile, andMc- ncmus thefonne ofAgrippa,*!^» died with anger, being con- demned in 200 afesjyecaufe in the time of his confilJhip,he ai- ded not the Fabians who werejlaine atCremera. Afterwards Spurius Seruilius was accufed.that he was thecaufe that the Romans loft the batiaile at the foot of the mountaine Ianicola, againjl the Tufcanes 5 who defended himfelfe eourageoufy againjl the Tribuns faying after this manex : ;Ot in vain did Platoiay ,that the common peo- ipleare like vnto the beaft Polipus , which hath [many feet & wanteth a head,by reafon where- 'of not feeing the way which he holdeth,heo- uerthroweth himfelfe : inlikemaner the ignorant peo- ple doe go on forward without anieconfideration/ee- king their owne ouerthrow whileft they imagine to giue the Senate a fall : and that which is worft of all, they who ought to guide thofc blind men in abetter courfe,arefuch as by force would bring them into the bottomelefTe pit of conf ufion, or headlongdowne fall of rafhneffc. It is vnto you that T fpeak, O you Tribuns, yet no Tribuns, but rather feducers of thepoore pco- D ij pie, 36 Of SpuriusScrui!ius 3 andthe pîe,and fcourges of the Common-wealth : Surelie the Senat,and people , doe now receiue worthie punith- nientof their faults 5 thc one hauingdefired, the other hauing fufteredyou to be promoted to fuch authority. Trulie worthie agrippa did neuer doe other h arme to the Commonwealthjthinking to doe good,then in ap- pealing the'people with this côdition, that they ihould haue Tribuns appointed them$ as if at the length the people knowing the confuflon of their weakenefle, would not by the fame meanes haue acknowledged their fault: for without you they would haue vnder- itood, that the Senat executing right and iuftice, (as it doth)isinuincible,as depending onlie vpon thelawes, and the gods. O Romans,know y ou not that the kings hauehonoured,and inamannerfubmittcd themfelues vnto them f And fb long as they held that couife, they were like vnto the gods in honour,and profperitie: but after that Tarquin the pro wd, would haue putdowne the Senat,he himfelfe was exiled with perpetual lhame, to the confuflon of all his poftcritie : O blefïéd people, who then knowing what was needful for them,did en- dcuour themfelues to hold vp the Senat, not fuffering fo much as that any kinfman or fauorer of the name of a king fhould remaine in Rome, whervnto ColUtw(thc rooter out of kings, and one of the fuir Confuls, who was baniflied onlie becaufe he was by name a Tarquin) wasawitnefTe, they hauing no defire to furTer neither king nor Confull of his race : Shall we then indure the tirannie of the Tribuns ? Doe you not fay, O you peo- ple,that they would (if it were pofiiblej abolifli the Se- nat,that they might afterwards tirannife ouer you : for fuch is the manner of thofe , who of nothing doe rife vnto fome dignitie , as through pride and ingratitude, they people of Rome^ Dec/am. $• 37 they doe make themfelues intollerable, which is to bee fêene by thefe Tribuns , who when they could not fhe w their pride & ingratitude to agrippa , for the more time heliued after their creation, haue manifefted the fame to CMerjeniushls fonne , being the caufè of his deathjwith the griefe that heetooke in feeing himfelfe condemned by thofe, who not long before durft not prefume to confort with anie his fathers fcruants : I fay this noble agrippa died fo poore that he left not onlie fo much as to burie himfelfe withall, as it likewifc chan- ced vnto manie others. Behold then in whom the am- bition and couetoufnefle remaineth,which you would impute to the Senators : who as a candle do confume thefelues for the publick good,whilft you (which were it not for the office that the Senat hath beftowed vpon you, fhould oftentimes haue no bread to put in your mouthes)endeuour to perfecute the Senat,and deftroy the people . You accufe me to be the caufe that the bat- taile wasfoughten fo vnluckilie, vnder the mountaine of Ianicola,I lubmit my fèlfe to the report of the Senat and people whether my endeuor were wanting. CMe- nenius was condemned for not aiding the Fabians in the time of his confulfhip, and I for fighting vnluckilie : as if the one & others fault proceeded not from the infb- lencie of the Tribuns , who did k> animate the people againft the Senat, ashardiie would they march vnder the Confuls : but whoknoweth not that the fouldiors neuer docaniegoodferuicejif they loue not their Iea- der 3 whoalfocandoenowoithieaâ, if he be not tho- rowlie allured of thegood will and obedience of his fouldiours : but concerning the Fabians,thcy were cut in peeces in the field, before the confull was aduertifed that they were in anie danger, yet was hce condemned D iij vn- 3* Of Spurius Serulius, and the vniuftlie by you.Is it not alfo manifjr ft that you by your croffing & hindering the enrolling' the fouldiosr, haue ben the caufc for the molt part that fuccour hath come too late : this is all the good that you doe in the Com- mon wea!th,0 you Tribuns,p!agues of the fame : it is not before you (who are vnworthie to take account of my a«5tions)as I will iuftifie,much leife excufe my felfe: condemne me if you can,I fpeake not to the end to dif- fuade you : I will not be afhamed to be the companion of fo manie vertuous men whom you haue wrongful- lie condemned 5 but I do verilie allure you reuerend fa- thers , thatas much hangeth ouer the heads of euerie one of yoUjVntill that the condemnation of fuch a one (not more louing to the Common-wealth, yet more happie then I)do prouoke you not to endure anie more the infolencie of thefe heddie fellowes : who doe one- lie maintaine their authorise they haue with the peo- ple^ quarrelling with the worthieftSenators:andyou O people 5 no lefle ingratefull,then ignorant,of the cuill which threatneth you, bee you full affured , that thefe men will bring you to that pafTe, that you will defire (but neuer obtainej that the Senat may bee reflored to their firftauthoritie. Tht K^fnfoere* F the people mould not haue fome better head (T** then yours,it were better they had none at all, " for although euerie oncliued after their own fantafie,yet mould it be lefTe hurtfull for them thentobeeledorgouerned by fuch a one as feeketh their definition, and it cannot bee faid that the com- mendation or condemnation that the Senat deferueth by people of Rome* Dec lam* 5. 39 by means of the election of flic Tribuns,is rightly due vnto them,becauie the fame election neuer was allow- , ed by their good wils,but being compelled , they con- tented thervnto, although in effed they were the caule that the people would both haue them, and alfo obtai- ned them : For they vfing the people more rudely then flaues it caufed them to looke vnto their owne i areties, and to take vp armes and force the Senat to confent vn- to the chufing of Tribuns,to defend them from thofe who fought to tiranniieoucrtbem : neuerthelelTe you would on the contrarie haue vs to ferue the Senat, and to confent that not onlie they mould haue al the honor and profit of that which was gotten with the price of the peoples blood, but alio that they (hold deuour the authors of their dignitie , by impofition , and vfu ries, bringing them into captiuitie for debts, keeping them in prifon and irons,and tormenting them at their own pleafure. Although you doe not acknowledge, O you Senators, how much you are beholding vnto the peo- ple, yet remember onlie when you had need of their valour to confirme your authoritie, or to defend you from the cnemie , how friendlic you could fpeake. When Porfcnna king of Tufcan came to befiege Rome to eftablifh the Tarquins therein,you then faid that the people were opprelted, that it were reafon to difcharge them from taxes,that the cuftome of fait ought to bee taken away,and to giue them corne in common , fince that they were at charge enough in begetting and brin- ging vp of their children for the warres^but as foone as the fiege was raifed^ this confideration and liberalise did vanifli away both together : King Tarqmn being once dead , then began you by little and little to vfe thofè free people like flaues,fo as nothing remained vn- D iiij to 4o Of Spurius Seruilîus^and the to them but the name of freedome, but as in greateft harmes extreame remedies are fought , fo had the peo- ple or els thcSenat perifhed without the mitigation of the Tribuns, and it cannot bee denied but that other- wife the miferie of the people had alwaies encreafed, fince that amongft feue kings there was but one which was hurtf ull vnto them, and now hardlie can there bee found amongft a number of Senators, one that is good orfauourablevntothem-orif amefuchbee, yctdare they not makeanic fliew thereof, for feare to difpleafc others thereby , and be called fauourers of the people, as it happened to the Fabians,who rather defired to die in fighting alone with the enemies , then to bee odious to theSenat,and not to bee able without danger to fa- uour the people: tell vsonlie whether you are rulers or lords ouer the people; and confider, that if you bee their rulers,youow them equitie and iuftice, or if you will be their lords, you ought to fauor and proteâ thé, notwithftâding they can obtain nothing at your hands but by force .• you affirme, that if we had not beene,the confufion and weakeneiTe of the people would haue made them acknowledge their fault : but you conf elle not that the people might fooner bee able to make a new Senat,then the Sénat a people,all thefe proofes are dangerous,becaufe they are extreame, and vertue con- cern in ameaneThe kings haue honoured theSenat, foalfo haue they not defpifed the people, for without them, the king could not bee, and the firft Senate was chofen from amongft them : if ColUtm were baniftied for his name onlie, Why ought they not to bee con- demned, whofe deeds deferue no lefte ? Trulic neither Confuls,Scnators,nor Tribuns ought to be futfered,tf they doe not their dutie i neither was it ingratitude to con,- people of Rome. Declam^. 4 X condemne the Ton of i^tgrippajaut equitie 5 and as there arebut a few Senators who die poore as he did , fo are they nothing like the candle , but onlie in that they are too fat with the coft of the poore people, and with the danger of their Hues ; for the Confuls command, but the fouldiours fight. Concerning this,that you warred vnluckilic,the blood of the dead,and the cries of the li- uing, beare witnefTc thereof : and trulic hee is not wor- thietobeaSenator,muchlefïea ConfulL who cannot gainc the good will of the fouldiours. Laftlie, we had not oppofed our fclues againft the enrolling of the fouldiours, if in due time the demaunds hadbeene thought reafonable.-and therfore either you muft iufti- fieyourfelfe , or els are you worthie of double con- demnation, becaufeyourtalketcndethtofedition, in defiring to mooue the Senat and people againft vs,who are no common officers,but moft holie Magiftrats, ap- pointed to kecpe in peace both the one and the other: alfo the time will come when we (hall greeuouflie pu- p.ifh fuchvnluckieSouthfaiers and Prophets, who doe feditiouflic foretell and prophecie euil to the Senat and people,likeas you now doe. Declamation.^ Of a maimed man > who forfmiting an officer ', is condemned to lofe his handout it cannot beproo- uedveith which h And he did (Ir ike him. 4* Of a maimed man CMan that was maimed of one of his bands didflrikean officer of the Magifrat es fir the which he was to lofe his hand : it could not bee frouedwith which hand he didftrike himjie faid that it was with his left hand , which was the fame that was maimed: notwithjlanding the iudge would the found hand to be cut off^alleagingthefe reafons following. iT were better that laws were neuer made,thcn -^not to be executed,for thelaw that is not kept, jmaketh the Magift rats defpifed, andfoconfe- quentlie maketh men to doe euill,but the mea- ning or gJofTe of the law is to be confidered, as alfo the qualme of him which breaketh the fame together with his intention .-for if a man kill another in his ownede- fence 5 or he which ftealcth,being by extreame want vr- gcd therevnto,fuchaoneisinlefTefault,then he which killethamanof fetpurpofc, orhewhichftealeth, ha- uing no great need: It behooueth vsthen toconilder that the meaning of the law is , that hec which fmiteth an officer muft lofe a member, and not that which is maimed alreadie by fome other meanest but concer- ning y ou,who are the breaker of the law,y ou had little caufè fo to do, being lamc,becaufe fuch men mould ra- ther keep themfelues from ftrokes, then defire to ftrike anieman,becaufcthcyarethc weakeft : alfo you were notconftrained therevnto, and therefore you were ra- ther to exped for more hurt, then anie good to happen vnto you by the fame blow- wherhereby it may be feen thatangerisanenemieof goodcounfeJl, andforbea- rance is the beft meanes to bridle race : for if you were not wronged by the officer, you defèrue double pu- nifh- for ftriking an officer. Dec/am. 6. 43 nifhment for ftriking him; and if you were iniuried,yct the badge of his office mighthaueferued fora warrant that there was a Magiftrar, of whome you might haue had righ t 3 ifyou had accufed him boIdlie,alleaging that he which was to redrelTe wrongs, had wronged you : but in not doing fo, wee muft come to this that you haue done, which is, that you haue beaten the Magi- ftrate his officer: you fay it was with your left hand, the which is verievnlikelie, becaufe few men are left handed , and you cfpeciallie cannot fo be, feeing that if you were fuch by nature , yet were you conftrained of long time to vfc your right hand, and verie hardlie could you euer remember your left hand, vnles it were when you Mood in anie need thereof : if you fay that it feruedyouonlietoftrikewithall, it is afigne that you had a will,orthatyou wercaccuftomedtoftrike,which is a kind of offence . Finallie there is fufficient proofe thatyouhaueftroken,andyou confeflè the fame, but you cannot prooue that it was with the left hand , nei- ther is there anie likelihood at all of your faieng ,wher- foreif you haue ho other proofe , you may account yourfelfe for a condemned man, for the lawintendeth that you (hall lofca hand : how can one now takeaway that which you haue wanted long fince i bethinke you then to prooueyour faieng, or fufferthelaw (which you haue miftaké) to be executed vpon you,to giue ex- ample to others,that hereafter they be not fo ram . For tocutofFyourvnprofitablchand, mould bee rather a pleafure then a punifhment to you. The Attfoere* THe zeale which I bear vnto the Commonwealth, makethmetoconfefTe my great preiudice, that lawes are both to bee kept and executed .-and I fur- 44 Of a maimed man further proteft that it were better formée tobeepuni- fhed,then anie other (emboldened by the example of your pitie, or my fault) mould commit a more hainous crime then I haue done:for I doe know that oftentimes the clemencie of the Magistrate is abufed, and men are as apt to hope for fauour , as they are prone to commit faults *. wherefore I would not that the pardon of my offence fhould bee the caufe that others might offend: For the Gofpell faith , that it is necefîàrie that offences fhould happen, but woe bee to him through whom the offence happeneth ^ God forbid then that I fhould bee hee, fince I neuer had anie fuch intention : although I haue offended as a man,I will not perfeuere in the fame like the diuell,the mil motions of our wrath are not in our power,it behooueth vs therefore to correct that af- terwards by reafon , which hath beenc committed by rage. As I confeffetohauefmiten theofficer,fo alfb doe I not refufe to lofe that hand which offended , to the end that it may beas wel a remembrance to my felfe, as alfo an example vnto others , not to commit the like fault : the law faith, that the fame hand muft be cut off, which did ftrike the officer , why will you then cut off the other,feeing that the fame is a greater breach of the law then to pardon me for all < Moreouer lam notal- togethcrlameof this hand, nor foftrong to lofctheo- ther for the offence of this : It hath ferued meffuch as itis)fbrmanypurpofes. If I had not alfo hadaiuftoc- cafion,anger had neuer prouoked me to haueftrooken your officer, but hce being of your opinion, that lame men either ought not,or durft not mike, hath conftrai- rvedmcbyhisinfolencietofhew him, that anger and feare,can make all things eafie , and that neceffitie hath no Javv-for being vrged by his inimious fpeeches , and fea- for ftriking an officer. Dec lam. 6. 45 fearing leaft from words he might proceed vnto deeds, I had adefire to preuent him, and neither remembring law nor Magiftrat, I haue confirmed your faying,That angerisanenemietogoodcounfcll. But heelnmfelfe hauing indeed an office, (yet wanting difcretion to vfe it) ought not to wrong anie man,butif a man did him wrong,(asyoufayof mej fofhouldheefeekeredreiîe thereof by iuftice: andtofpeakeatruth,there isnoin- folencie, which fuch men dare not commit vndcr the colour of their office, prefuming that if they doe ftrike anie,they (hall bee cither maintained, or (which worft is) acquited for the fault : I will not lay that the iudges fauourthem, but their aclionsgiucfufpition thereof, alfo fome of them doe prouoke men to ftrike them, to gaine moniê thereby.But if the punifhment were as fe- uere againft them,as it is againft others, they would be moremodeft. You fay fir that I cannot proouewith which hand I did giue the blow, no more can hee,and to lay that it is likelie to bee with the right hand, is to iudgc but by conieclu re, without further proof e,which is againft atl found reafon : notwithftanding,I wil fhew you that this conieclure is not good, becauiethat this iniolent fellow is not the firft that I haue ftroken with thishand 3 for it was a terror to my children, fcruants, and fuch others as I didordinariliechaftife, referuing my found hand for more vrgent occallons, fearing alfo leaftlfhouldhurtitlike as I did fee one man, who in ftriking a blow did breake his arme , and another by a ftroke with his fift, did put the fame out of ioint, the which mifchance falleth out manie times,and efpecial- lie in ftriking women, for they doe curfe fo bitterlie, as happie is hee which efcapeth their banning. Behold then how I hauebeene accuftomed to ftrike with this hand, 4$ Of him that became Senator,and hand,foasbeing ftirrcd vp with choler, I did not re- member that my right hand would haue giuen the greaterblow. Wherfore it is no reafon topunifhthat hand which offended not-arid thinke not that you can- not hurt me in cutting of this hand 5 fince it is not fb vn- profirableasyoufay,neithercanI thinke but that your meaning is rather to ioineiuftice with mercie, then to defire to conuert the fame into cruel tie , which mould be a thing abhominable before God and man. Declamation, j* Of him that became Senator 3 and Genet all of an ar- my hot bat once. % f~>s&S> g^a^ lf fie taw of the ancient Common- wealth wasjhat no man might be the Cenerall Z- of an armie^ except hee were a Senator, ' Tiow it happened that two Senators did (Iriuefor theforefaid àignitie , hut the whole Senate feeing their obflinacie y \%gryfêsjS&& would not grant it to one y for offending the other jbut did eleclfuch a man^a new Senator as was appro- tied for mili tarie experienced en the next day following^ they made him General!: The other two dijliked thereof ] faying ; ObleScnatorSjif you but confider that vnitie -^onlie maintaineth al degrees of perfons,in dig- ^-■fé'nitte, authorise, and profperitic, you would **^ 4ai? know that you had done grcatlie amide, be- caufe that there is no meanes more fit to maintaine this vnîrie then loue,fauour,and rcquitall of benefices ; not that I will fay that loue is grounded, or ought to bee groun- Generall of an army at once, "Declam^. 47 grounded vpon fauours, benefites , or other profit or intereft : for if it were fo, the profit ccafing, the loue fhould breakc,becaufealfriendihip which is grounded vpon gaine>oucrthroweth it felfe,fo great is the weake- ned of men ; Wheifore I fay,that true friendship is no where,but amongft the vertuous, & groweth between them through the affcâion which they doe equaliie beare vnto vertue,which ingendreth in them a confor- mitie of manners,from whence doth fpring the perfect inward fricndfhip,the which doth proueitfclfeby out- ward pleafures and good turnes : yet thefe are no other then boughs,flowers 3 and lcaues of the perfeâ tree, for the fruit lieth in the veric force of loue,& vertue,which neuer abidcth without reward , for fhepaieth herfclfe with a certaine contentmcnt,which may fooner be felt, then exprefled by words . Now this loue with his qua- lities were requifit to be in our Senat, to maintaine vni- tie therewith , but the contrarie is here found, feeing that enuie hath fupph'ed that place which friendfhip ought to poflèflè: fo in Heed of vnitie,we hauc nothing butdiiTentionanddifcordjWhich doth blind the molt part of vs fo much 3 as it feemeth that we doc not know one another,but by the face onelie 5 and the moft com- mendable qualities,which are our vcrtues, are wholie forgotten. If it were not fo,what mould hauc mooued you (£>you Senators) not onelie to defraud both of vs of our pretended dignitie, but the more to difgrace vs, to giue it vnto one that neuer was of the Sénat? For it maybetruliefaid,thatyouhauedone that which you will not openlieconfcfîè, which is, that firftyougaue him theefhteof aGenerall, orattheleaftyouappoin* ted him vnto it^ and afterwards you made him a Sena- tor j feeing that it was neuer before determined to re- ceiuc 48 Of him that became Sefiator,and ceiue him into theSenat, which doth plainelie fhew, that enuie doth make you forget your (dues, for if you accounted vs not worthie for fb waightie a chargeras there not fome other in all the Sénat, vnto whome you might giue that which wee demauncVis it necelTarie to beleeuethat thispriuate man is more worthie thena- nie of the Senators befides ? If it bee 10 , great was the ingratitude of the Senate , that they receiued him no fooner into their focietie- then when hee had there firft made proofe of his vertue and wifedome,you might af- terwards haue encreafed his honours : fo did our ance- ftorSjWho fo long time haue maintained and encreafed this Commonwealth , which maketh me to feare that doing otherwife,it may decreafe, God forbid I mould fay quite decay -.but it cannot be denied, that all facul- ties doe better confèrue themfelucs, by fuch meanes as they firft tooke their beginning,and arc thereby fooner encreafed, then anie other way : but this man is rather made a General! then a Senator: is not this plainelie a contemning of this /acred afîèmblic : who fhall rcfpecl vs if we doe difhonor our fr lues ? Being not refpecied, how fhall we be obeied f Being not o^eied , how can wecgouernethe Common wealth ? Being not gouer- ned,whatmayitlookefor,butruinanddcfolation.Let vs confeffe one of thefe two things,that either this man may bee well fpared,or muft of neccfTitie be vfed- if hee muft needs bee vfed, then furelie hee deferueth, (I will not fay the principalis ) but more then hee hath, and yet there is no difference betweene the dignitieof a monarch and the degree of a Gcnerall : What are they amongft the people that haue beene his compani- ons, which will not bee perfuaded that they defer ue as much or more then hee ? For the moft ignorant are ap- teft Generall of an armie at once. Dclam* 7 . tcft ro beleeue how they are worthie of the chiefeft promotions,and becaufetheyneuermannage anie af- faires of importance, they know not what burden and difficulties are therevnto incident, whereby they doe imagine them to bemofteafie.-andthatisthecaufeal- fo that by little & little they would entrudethemfelues into fuch authorities, as wee may perceiue the fame by the people of Rome, who after they had obtained the office of Tribun ,durft afterwards afpire vnto al the reft, yea and efpeciallie to the confulmip; and neglecting all forraine wars , they were oftentimes vpon the point to beeouertlirownc, without the helpe of the Dictators, and Cenfors,whc by little and litlereftored theautho- ritic of the Scnat,& it was then that Rome was able to fubdue all the world,and we on thecontraric doe giue the people the head, for which they neuer durft hope : O vnhappie that wee are , who would euer haue belee- ucd that we mould haue committed fuch a faultfFrom the which theLacedemonians, Athenians, Thebans, Romans,and other Commonwealths haue more care- fullie kept themfelues , then from anie contagious plague : Muft wee then bee the onelie inuentcrs of a thing fo pernicious. ? Truclie wee may rightlie fay that our finnes is the caufe thereof, for when God will pu- nifh men, hee taketh away their vnderftanding, as hee hath done from vs : emulations arc common in euerie Common-wcalth,but they ought to be honeft, goucr* ned with modeftie, without paifingfofarre, as paffion may make vs forget fuch things as bee Recent. Wee are not ignorant, that manie of the Senators defired, and deferucd theauthoritie which we require : wherefore there was a more honeft meancs to refufe vs, then to giue that vnto a common man,wbich was denied vnto E fuch 5° Of him that became Senator,anct fuchas were noble . Ipafle ouer with iilencc our de- ferts, but I dare trulie affirme, that there is no Senator which deferueth it not better then hee, but though hee fhould dcferue it better then anie of vs,I demand vpon what authority this reputation concerned and brought forth in one night 5 was grounded? Who will willinglie . obey fuch a Generall , that till now hath alvvaies beene commanded ? Who will haue the heart to fight vali- antlievnder him ? What youth of theNobilitie will follow him ? Confidcr that the Venetians,which are at this day mod politicke people, do greatly ihun to com- mit fuch a fault, or if they mould haue done lo ( confi- derirfg that the fliorteft follies are beft) they would haue beene prefcntlie readie to redrefïe it .• What doc you exped ? Surelie that this man hauing once taken a taft to commandjWill by the fauor of the people afpire to be king. I know not what more to fay,but that in this fa<5t there is no likelihood of good,but the hurt thereof isveriemanifeuV K5 T The i^infrverc» jHatfriendmip and vnitic whereof, you haue ifolargeliedifcourfed,isnot fofarreiromvs as fyoufày, how can you tell if you are as free ttf&from ambition,as we are from enuie, & from other paflk>ns,wherewith you too prefumptiouflie do flander vs : NeuerthelefTe,wee will onclie tell you,that hee who is moit fecret, commeth neereft to the deitie- forGodisveriefecrctand wonderfull, as well in his judgements as in his works : which is the caufe that ve- rie often, men doe imagine that which hee fendethto bee hurtfull for them, but within a certaine time after they • Generall of an army at once. Dec/atn.y. they doe find that nothing can be more wholfome vn- to them : yet God doth not (hew the reafon vnto men wherefore hee doth itfo lecretlie: In like fort it is not alwaies lawfuil or reaionable that the Senate fhould wholie declare vnto fuch as doe couet, or requcila thing at their hands,the caufè why they ought not to obtaine it, and wherefore it is giuen vnto one that ne- uerdurftprefumeto demand it : content your felues then with that which we (hall tell you by our ownc ac- cord and free will , more topleafe you then foranie need we haue fo to doe: for you muft not prefume that you two are more wife then all the Senat befide , leaft you vérifie the proucrbe,which iauh,that the firft point of follie,is for a man to thinke himfelfe to be verie wife; sod hee is the moft foolethat thinkcth himielfe more wife then manie other : for fo much as follie is an euill without griefe/or if were not fo, one might hear more gronings, cries, and complaints then hee doth, and it may bee griefe might hinder my felf e from (peaking (b much.Butcomming to our purpo(e,your felues ought to confider,that no man hath denied you anie thing in diipight,but we haue not granted it vnto the One, for feare lead hee (liould not lay that which you now doe both together declare,and we haue done no fmal good in vniting you fo well together to cauell with vs,wher- as in granting it to one, you perhaps might haue beene enemics,andyetyou fay that wee haue no care of vni- tie 5 hauingnotwith(tandingvnited vnto our Collègue amanworthie to haue beene long fince there : but it is better tore then neuer,and we haue recompenced our fhckneffe,by the encreafing of his authorities You (ày that he is not noble, I thinke that your anceftors made themfelues noble by venue, from whence commeth E ij the S z Of him that became Senator 3 and the true lawfull nobilitie, and the baftard oftentimes commethof the right blood :eucn fovertue maketh our Generall noble, andthedignitic contirmeth this noblenes.lt behoued vs to beware, not to fet ftrifc and enuiebetwixt you two for this dignitie, for fo much as ftrifebcrweene two men of your qualifiers verie hurt- full to the Commonwealth. Dcmojibenes and Efcbixes y beingenemies, werefodaungerous totheCommon- wealrh,as it was necelïàrie to baniih one o£ the.yet the Athenians did too late percefue that it had been better to haue banilhed both together/or in the end they did know (but too late) that in thinking to keepe the bell, they baniflied him that was lead: hurtf ull 3 therefore it is good with wifdometo preuentfuch extremities both hateful and hurtfull. Furthermore it is not fo needful as you fay, to hold alvvaics one maner of gouernment,for our elders changed their gouernmcr cue as the time re- quiredjprouided ahvais that they touched not the mat- ter of Religion,the innouatiô wherof is truly verie dan- gerous- the which the Romans welobferued, & yet the Hebrews better;but touching the reft j whece (hold the eftate of Diclator.Cenfor, & other Magift rats pr occed, if they had not changed the gouernment according to the occafions } and it is not to bee thought fo ftrangc a matter that we haue made this manGeneral,beingour Citizen ,wel reputed and vertuous, feeing that the Ro- man s,efpecially that great/?Tuf canes by his author hie without fight ) did make a law for the profit of the people , that noCenfor might hold his office longer then eighteen months >with the which ,t he Cenfor s being difpleafed^they made him to pay eight times as much contribution \ashewas wont^ whereof Wizmacus ma. king no account yone of his kindred oppofid himfilfe againfi the Cenjor faying. There and Marnerais. ^Detlam.S. 55 ^ Here ought noDiclaror to bee made without S/Hhauingmft great proofe that he fhould not do ;anything,which were noni; aft profitablc,and 'mod honourable for the Common-wealth : For this office being more great then all the reft, being able of his abfolute authoritic to doe all that which feemethgoodvmohimfelfe, it is very daungerous in the hands of a man, which is vnworthy of it, either by bis ignorance, or iniquity ; for ignorance may both caufe the Common- wealth and himfelfe to dccay,and iniquitiemayvfurpcthegouernement: and therefore they defcrue greeuous punifhment who doc abufe this office-and further I wil fay, that if CM4mercus haue not well vkd ir,he is more worthy of punifhment then any other , feeing he cannot be accounted for an ignorant man hauing had the Di&atorfhip two fcuerall times. I leauea part his other honors, although they altogether doe at large beare witnefle of his capacitie : but if he haue not offended (aslfeenotthatheisaccufcdof a- ny man ) I know not what fuch doe deferuc who doe hurt him, whom they cannot accufe that he euer har- med them. Idoedemand,OyouCenfors,why you doe encreafe his contribution eight fold .-is it becauie fexcrcifingtheDidatorfl-iiponeyeare face ) that hee hath multiplied his wealth in fuch quantie, or rather that heretoforeyou haue not taxed him with the eight part of that which iuftlie he ought to pay ? if you haue fauoured him fomuch,0 youCcnfos,youdeferuepu- nifhmenr, asalfo hedeferuethnotonclytolofcallhis goods but like punimmef,if his goods be fo greatly in- created .-for hardly could heiuftly gouerne theCom- mon-wealth , and encreafe his owne fubftance in fuch £ iiij abun- $s Of the Roman Conors, abundance,but do you verily beleeuc^O you Cenfors, that your imposition can in ante fort be the ouerthrow of Mamcrcw? Doc y ou not know that the more ver- tue is opprefTed, the more fhe doth flourifli , much like vnto fàffron , which the more it is beaten , the better it growcth? Hath not (JMamercus beene greater then you alreadic , and may he not fo bee againe i What might then befall if he were fo full of reuenge as you are < Do you think that it would be any benefit vnto the Com- mon-wealth ? Doth he want any meanes , friends, or fauour, as well of the Senators, as of the people i No truly : but thanks be to the Gods , he neither hath, nor euer had anie wicked intention : this one thing which aboundethinyou, is wanting in him . But what hath moued you to perfecutc him fo cruelly ? Wherein hath hee offended you i Forfooth hee hath abridged the tearme of your authority,is not this all ? Hath hee not more abridged his o wne? Defiring thcrby to make you know, that offices are not to bee fought for : but when any one is called thereunto , hee ought to thinke vpon nothing,bur the good of the Commonwealth,and for the aduancement thereof,he muft neglccl his own pro- fitjthe which vertue is fildome in any man, but if any fuch be to be found,then were it good for them & their family that they mould not continue long in office,and if they bee otherwife,it were farre better for the Com- monwealth that they neuer had office at all : I dare not iudge or fay what you are , feeing you defke the office for tiueyears,not considering whether you may Hue fo long or not , but this is the mifchiefe,that your ambiti- on,! will not fay auarice, doth deceiue you in fuch fort, that without any other refped, you hate euen thofè who take care, both for the Common- wealth and for your and Marnerais. Déclama, your benefit, and you muft not think although Marner- cm be eftecmed a noble gentleman, that he will alwaics pocket vp thefe your (light faults , and leaue the matter at this itay,whereby you may be emboldened to abufc either his , or any other mans patience hereafter 5 for henceforth we doe appoint that thofe which haue ben the former Cenfors, (hall be the correctors and iudges of fuch as (hall newly come forth of their office . TheAnfoert* tE do confeffe that the Dictator (hould be fuch a man as you fay ,but you did not or at theleail î would not tell what els was requifit for him to *doe,which is,that he ought alfo to confider to what end he was created, whether to reprefTe the Tut cans,or to aboli(h,or abridge the authority of theoffi- cers,appointed by the Senat and people, as if he alone were wifer then all the reft.There was neuer any Dicta- tor made, vnleflèit weretowithftand thofe cafualties which could not other wife be redrefled: We doe not ftand vpon the necefïïty of this abridgement , but doe onely demand if it could not be done vniefie a Dicta- tor (hould by this deed embolden the people euery day to attempt new matters i And giue an example vnto the (ucceeding Di<5rators,to do other things, thé thofe for which they are ordained: for of all things as well good as bad,the beginning is the chiefe point , fo that it is moft dangerous to be the ringleader vnto others to doe amiiTe,becaufe fuddainly they alleage the example of him that went before them? For the greater his au- thorise is,that was the fuft inuenter of any (uch mat- ter,fo much the more pernicious is the fame vnto the Common- >$ - Of the Roman Cenfors, Commonwealth : therfore we haue not doneamiiïè,if that mould happen which you fay,becaufe thofe which would follow his example, .mould alfo remember that fuch prcfumptoousa&s do not fo greatly profitas they arefuppofed. But we haue not burthenedhim for this caufe , but only becaufe it was our dutie fo to doc, and we are no more bounden to giue an account of our ac* tions,then he is of his,the which feeme no IefTe contra- ry to the Senat,then fauourable to the people, who are ouei infolent of themfclues already : and although we will not fay that Mamercus entendeth by this popular fauour,to pcrforme fome bad a-St : yet who fhal hinder fome to thinke that by men like means a man may ima- gine to afpire vnto fome fuch vniuft matter : I will not fay to be tyrant, forthcre is more then one way to at- taine vnto the fame: as there are many forts of tyran- nies .-Wherefore it is the duetie of a good Citizen to fhew that he doth quite deteft euery acl that may breed any fufpition. Therefore it were no wifdometocome vnto this extremrtie of the deferts, either of his or our actions 5 for thedifputation thereof would benolefle difficult, then dangerous .-fo that it were better to dé- ferre that vntill you haue obtained (as you fay) that we muft be adjudged and corrected by our predeceiTors,in themcanefcafon lctvs now pretend that our authori- se is more then your vnderftanding doth allow it. We arenotignotantof Mamercus his vertue,neither can we but know what fauour, kindred, andmeaneshehath, nor hath he offended vs, but rather the Magiftrat, and the Common-wealth 5 for hauing abridged the office, he raketh away the men eu en then , when they might doe moll good therein .• for there is no man fo perfect, that at thefirftcommitteth not fome faults, or at the leaft and Marnerais* Déclama. S9 leaft wife doth not execute a charge bctter,after he hath been e exercifed in the fame fôme years j then When he firft began to vfe the fame, the which neither hehim- felfe,nor you can with reaion denie : ncuertheles, there is no malice m vs, but rather in you, that doe not only aceufè vsjbut th reaten vs^iwell with the future autho- rise of CMamercusjLS alfo that we muft anfvvere our ac- tions vntothofe that fupplied this office before vs : but confidcring that threatned men doe liue Iong,andfuch as do mod fear, do foreft threaten : and becaufe threat- .nings are for the mod part fure weapons to defend the threatned, we will make noaccount thereof : and the rather becaufe they come not from him , whom you pretend to haue the greateft wrong,who is ouer wife to vfe fuch fpeeches,and though he mould, yet could we anfwere him well inough,no. man knoweth better then himfelf c whether his wealth be iucr?afcd,and whether his impotition be ouer burdenous or no : if he doe ei- ther affirme it, oryoudoeprooucit, we will anfwere you, and if wc haue heretofore fpared him,, it was be- caufe the time did ib require it, and for fome other re- fpecls, 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, honed, and reafbtMù- ble, and we are not to anîwer you for our a&ionsjGod grauntthat the people doe notbeleeue that Mantttcus hath abridged the office of Cenfors , for the fame end and purpofc as Spur w Melius extended his liberality of corne vnto them. • I ! r Déclama- 66 Of the husband for Declamation.?* Of the husband that flew his wife , for hauing lofl two of his children, the one by fire, the other by water. \ Certaine woman as jhe was wajhing and wiping her little fonne^did fee heryong daughter fal in- to the firejvherevpon being ouer haftie to belpe it jhe let her fonne fall into the boule ef water, wherein he was drowned Jotrevpon her husband happened to come injvbo prefentlyJUw her : The womans kin- dred apprehended him ejr accufedhim vnto the inflict faying: His wicked fellow not being content with jtwo mifchances, would needs ad thcrevnto a p^third mifchiefe : Owhat griefe ought ours to "Ibc, that hauing not only loft our yoongne- phew,and his mother, but being iuftly prouoked thcr- vnto by this damned deed , we muft likewife procure the death of this wretch, which in an vnluckie houre wasourkinfman : feeing that he alone muft be the di- (honor of all our linage, dying as a publique (pelade by the hands of a hangman , according to his deferts, becaufè he hath ben worfe then a hangman to his poor wife,whofe only company he dcferued not , being fo chaft,honeft,and vcrtuous,as (he was, bearing a fincere and deuout loue vnto him who was her butcher, fo as I dare fay and beîeeuc that this foule of hers, no lefïè iouing, theninnocent, dooth yet lament in another world,not only in that (he was martired by him , who ought tohaue loued,chcrifhed,and defended her from all killing his wife. Dcclam.f)* 61 all others that would haue hurt her, butalfo taketh pit- tic vpon the moftiuftmiferic of this murther, and as whiles fhe lined ,ftealwaies preferred his contentment- before lier own,fo now fhc would thinke her felfe hap- py,ifitwerepombIe, that (he might once more die to- faue his life: as did the charitable ^.Alccjl to fiue her mod deare ^Admetm : but I would demand of this wicked man , wherein his wife had deferued to die by the hands of him, who had iwornc to1