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1. The condemnation of the Traytors. 2. Caesars Oration.
THese matters beeing thus de∣bated in the Senate house, & the Lords as yet in Counsell about the bestowing of re∣wards vpon the Allobroges & Vulturtius, with approbation of their testimonies, the freed men (with some fewe well-willers) of Lentulus, diuersly solicited the Slaues & trades∣men of the Citty to rescue the Prisoner: Others of his fa∣miliars, inquired after the Ring-leaders of the Rascalitie,
who in such times were accustomed for money to disturb the peace of the Citty.
But Cethegus by Messengers, desired his acquaintance, his choisest freed men, and his readiest followers, now or neuer to be resolute, and in troop with their naked swords to make way for his rescue.
The Consull hauing vnderstanding of these designe∣ments, disposeth the Warders as time and place aduised, and assembling the Senate, demanded of the Lords, what order they pleased to take with those who were already at∣tached and remained in prison. A full counsell had alrea∣dy declared them guilty of Treason.
Thereupon D: Iunius Sillanus (Consull elect) beeing first asked his opinion, what he would aduise concerning the Prisoners, as likewise howe the residue, in case they could bee apprehended, should bee censured; gaue sentence, that they should all suffer punishment. And af∣terward (being moued at the speech of Caesar) he protested that hee would singly auouch the sentence, with Tiberius Nero. As touching the Marshalling of secret companies, hee thought it fit to adiourne it to further deliberation: But Caesar, whose turne was nowe to speake, by request of the Consull, vsed this or the like Oration.
HOnorable Fathers, it befitteth all men, who are to con∣sult of doubtfull cases, a to be free from hatred, friend∣ship, passion, and pitty: where these contrarieties hap∣pen, the Iudgement can hardly make distinction betweene truth and falshood: neyther liueth the man, which can flatter his affection, and iudge vprightly. Our inclinations followe our fancies: if Liberty possesse them, then Will predonomina∣teth & Reason is of no regard. Honorable Lords, my memory is yet very fresh, torelate what Kings, and what Nations, be∣ing seduced by wrath or pitty, haue run vnfortunate courses: But it is a greater pleasure vnto me, to relate how our prede∣cessors gouerned their affaires orderly and iudiciously, by sub∣iecting the fury of their passions, to the mild perswasions of Reason.
In the Macedonian warre, which we managed with King Perseus, the stately and populer Citty of the Rhodians, (fa∣moused by our assistance) became enemy and reuolted from vs. The warre beeing ended, the question arose, in what manner the Rhodians should bee punished. Our Auncestors, least the world should giue out, that they made wars, rather for wealth then in reuenge of iniuries, freely pardoned their follies, So likewise, in all the Punique warres, when the Carthagini∣ans both in times of peace & truces, had committed many out∣rages, c our forefathers neuer gaue out Letters of reprisall, but alwaies studied rather what became their greatnesse, then what seuerity of Law or armes, required.
Honourable Lords, as I take it, this should be your case, let not the offences of P. Lentulus and his associates, more pre∣uaile with your passions, then becommeth the greatnesse of your callings: neither, let wrath be saide to esclipse your Ho∣nourable reports. For, if a sufficient punnishment can be deui∣sed to equalize their defaults, I cannot but approue this newe Counsell: But if the quality of the offence exceed all immagi∣nation, then my opinion is, that they be punished according to the prescript forme of our ancient Lawes.
Many, who before mee haue spoken their minds, haue laide out in very eloquent and rhethoricall tearms, the miserable e∣state of the commonwealth, the cruelty of Warre, the fortune of the conquered: agrauating their discourses wth the rauish∣ment of Virgins, the tearing of children from the bosomes of their parents, the abusing of Matrons, the robbing of Temples, the Pillaging of houses; withall, not forgetting to moue com∣passion, and passion, by recitall of woundes, fieringes, armes, slaughtred carcasses, & bloudy Funerals: Good God! to what end tended these their Orations, but to enflame your displea∣sures against the offenders? As if any speech, could exasperate that dull spirit, whom the least remembrance of so heynous a Treason (of it self) could not irritate. A Suppositiō impossible. Priuate iniuries take deepest impression, yea with som men deeper then reason should Warrant.
But Honourable Lords, in diuers men, diuers sorts of offen∣ces are tollerable. To those that liue in inferiour callinges, if
thorough passion they commit an ouersight, few obserue it: their eminences outshine not their fortunes: But the errours of great personages and men of quality, the whole Common∣wealth doth forthwith take into examinatiō. And this I speak, to prooue that highest Fortunes haue meanest priuiledges to offend, neither ought they to be induced by fauour, nor moued by hatred, and least of all, to be guided by anger. That which the Vulgar terme Anger in meane men, with greater Persons is censured to be pride and cruelty.
Verily, (Honorable Fathers,) I am of this opinion, that no punishment, can bee aunswerable to the quality of their offen∣ces: but the Natures of most men are giuen to remember the last ends of their familiars, and forgetting the fact, they com∣ment on the punishment, if it neuer so little exeeede mode∣ration.
I cannot but acknowledge, that whatsoeuer the good and resolute D. Sillanus hath spoken, hath proceeded from zeale to his Country: and in this weighty businesse, I confesse, his integrity and modesty to be such, that thereunto, his Nature hath neither bin induced by flattery, neither ouerwrought by partiality. Neither can I iustly say, that his censure any way sauoureth of cruelty: for what can be tearmed cruell, that Iu∣stice can inflict vpon such offenders. But surely, the president is not vsuall in our Common-wealth; and therefore, either feare, or priuat iniury hath ouerwrought thee, (ô Decius Sil∣lanus Consull elect) to giue thy consent to this new forme of punishment.
Offeare, it were idle to discourse, sithence such strong as∣sistance is in armes, by the especial prouidence of this our wor∣thy Consull. As touching the punshment, I can speake trueth as the case now standeth: That to men in distresse and mi∣sery, death is the end of sorrow, life a torment: Death dis∣solueth al mortal misfortunes: Beyond, there is no remem∣brance of griefe, nor place for ioy.
By the immortall Gods, I wonder, that in giuing your sen∣tence, you did not giue direction, that first, they should bee whipped with rods! was it for that the Law Portia did forbid it? Or that you had regarde to some other, late Law? Why?
The Lawes do impose banishment, not death; but vppon a con∣demned Cittizen? Or was it, because you esteemed whipping to be a more greeuous punnishment, then beheading? If so, then what can be bitter or ouer-greeuous against men convic∣ted of so heinous a Conspiracy? But if you ouer-slipped the di∣rection for stripes, as of a punishment too too gentle, how co∣meth it to passe then, that in the losse, you make a conscience of equity, when in the greater, you proceede without doub•• or scruple?
But why should any man be offended at that which is by Law decreed against Traitors to their Country? Time, altera∣tions, and fortune, so powerfull amongst mortall Creatures, wil ratifie that nothing hath happened vnto these men beyond their deserts.
Many euill conclusions haue arisen from good Principles: as where the Helme hath bin intrusted to indiscreet and insuf∣ficient Pilots, these newe Presidents, haue beene commonly transferred from worthy and well-minded Cittizens, to base and incapable Ministers. So, the Lacedemonians hauing o∣uerthrowne the Athenians, committed the administration of their Common-wealth, to thirty Gouernors: At first; they at∣tached the most notorious offendors, men generally hated, and executed them without Processe. The people applauded and commended the course, but by little and litle Liberty swarned into Lust: The Innocent and Nocent were condemned at their pleasures: the vulgar were terrified, and so the Citty op∣pressed with seruitude, now miserably smarted for her foolish ouersights.
In our daies, when the victorious Silla, commaunded Da∣masippes, and his damned crew, who had no meanes to liue, but vpon the generall spoile, to be worthily slaine; who com∣mended not his iudgement? Euery man cryed, it was Nobly done to free the Common-wealth of such mercilesse, thriftles, and seditious Rascals: but what followed, this was the Origi∣nall of a cruell massacre: For, as any of his followers affected the mansion, the Lordshippe, yea, at last the plate or apparrell of any of the Comminalty, his course was, to do his endeuour to inroll him in the number of the Proscripts.
Honourable Lords, I speak not this, for that I suspect the like in Marcus Tullius, no nor in these times, but in this huge and populous Citty, it is not vnknowne to you, that many and variable humours lie lurking continually.
And so, at some other time, and some other being Con∣sull, with an Army at commaunde, a false report may happen to passe for truth; when, vpon this president, if the Consull by Commission from the Senate, should vnsheath his sworde, what end I pray you, should the state expect of this rash deter∣mination? Who shall limit his power? Who shall moderate his armes?
Honourable Lords, our predecessors, were neuer to seeke of Counsell nor Courage, neither did Pride preuaricate their minds from following another mans aduice, so it were pro∣fitable. To forge armes, and warlike furnitures they lear∣ned from the Samnits. The Ensignes of Magistracy, (for the most part) they borrowed from the Thuscanes: yea, whatsoe∣uer they sawe fitting amongst their allies, or Enemies, they tooke great care to bring the vse thereof into the Citty. They admired Vertue in al men, they enuied it in none: but in those times, in imitation of the Greekes, they punished a Cittizen with stripes, a condemned man, with death.
But in processe of time, as the common-wealth beganne to grow great by the multitude of inhabitants, iealousies incre∣sed, innocency was circūvented, & such like enormities were daily committed. For remedy whereof, the Law Porcia, and diuers other wholesom statutes were enacted; by which banish∣ment was prouided in cases of condemnation.
These Authorities (Honourable Fathers) in my Opinion should be Motiues exceeding perswasiue, to alter or frustrate these your new determinations. Beleeue it, the valours and wisedome of those men, who from so slender foundations haue established so great, so glorious an Empire, could not bee, but much more eminent in them, then in vs, who can hardly main∣taine that, which they most prouidently bequeathed vs. Howe then Sir? Will you haue the Prisoners discharged, and the troopes of Cateline re-enforced? No surely. But my censure is, that their goods be forfeyted, and their bodies sequestred
vnder safe custody in the best and strongest Townes of our As∣sociats. With this Prouiso, that no one of them hereafter be so bold, as to dare to motion meanes of redemption, before the Lords of the Senat, neither to mediate his pardon with the peo∣ple. Him that violateth this Ordinance, let the Senat pro∣claime him Traytour to the State, and enemy to all loyall Sub∣iects.
When this Oration was ended, each man looked vp∣on other; some assented, euery mans minde was diuersly distracted.
But at last Marcus Cato, being commaunded to speake his opinion; thus began his Oration.
Catoes Oration.
Honorable Lords, reuoluing with my selfe, the Nature of this weighty businesse: the goodly Arguments (I must bee plaine) which other men haue thereuppon framed, are of no validity with mee to mooue approbation. For, in my iudgment, they haue but onely spent time in discoursing, what punnishment were fitting for men intending the ruine of their Countrey, the vndoing of their parents, the spoile of priuate houses, and the ouerthrowe of Religion.
But Noble Lordes, this storme calleth vnto vs for a speedy preuention, not a lingering Consultation. Offences already committed may be punnished at leasure; but it will be too late to talke of Iustice, when remedy is past, and offendors growne puissant. If the Citty bee gained, what power (I beseech you) remaineth to the Conquered?
For the loue of the immortall Gods, let mee intreat you all, to whom beautifull houses, goodly reuenewes, pictures, and costly hangings are more in admiration, then the Common-good; if you haue any desire longer to be Lordes of these vani∣ties (of what esteeme soeuer) if it be but to continue the meanes of these your delightes, now at the last pinch assume your courages, and let a true remorse of the generall Welfare wholy possesse your irresolute opiniōs. It is no time now to take order for impositions, or to talke of the iniuries of our Associats;
Our liues and Liberties at this instant are questionable. Honourable Lordes, I haue often spo∣ken my minde freely in this thrice-Honorable assembly; I haue made sundry motions tou∣ching the Ryots and Couetousnesse of this state, procuring to my selfe no small hatred there∣by: but I, who could neuer flatter mine owne imperfections, could lesse indure the insolencie of Others. And though you gaue but small credit to my sayings, and nothelesse the Common wealth slorished; yet (beleeue it) Prosperity onely excused your remisnesse. I speake not this, as if time now serued to dilate, whether we are degenerated in manners or no: Neither how great, or how glorious the Roman Empire is, or hath bin: But whether this greatnesse, this glory (be they more, be they lesse) are like to continue ours, or we enforced to part stakes with our enemies. I know some of you by your silences, woulde interrupt mee, with Mercy and Mildness••! But alas: we haue long agon lost the true Etimologies of those words: for, now adaies, to be prodigall of another mans goods is to bee bountifull doing to do deeds vnlawfull, vnseemely, &c, is to be valourous. In such extreames doth the 〈◊〉〈◊〉 now stand. Well, let vs tolerate their abuses, because they are inueterate, and time hath made them fashionable; let men be wastfull of that which is none of their owne: Let vs be mercifull vnto Theeues and robbers of our publique treasure: yet, I pray you, let them not likewise bee prodi∣gals of our blouds, and we, by foolish pitty extended to a few desperats, vndoo millions of honest Cittizens. I confesse that C. Caesar hath shewed great learning before this Honourable Court, in his distinctions of life and death: supposing (as I conceit) that the receiued Opinions of hell are false; or that, euill doers seperated from the good, and destinated to places obscure, vile, stinking, vncleane and full of horror: And so drawing towards an end, he woulde haue their goods forfeited, and their bodies committed to safe custody in the Borroughes of our associates, fearing (belike) that if they remained in Rome, they might happen to be rescued either by po∣pular commotions, or waged multitudes: as though forsooth all euill disposed persons resided onely in Rome, & none lay dispersed throughout the townes of Italy. Surely wise men know, that rash & violent attempts are easiest affected, where least meanes of opposition are feared: And therefore, if his feares arise vpon such like surmises, his plot is ridiculous: Or, if he onely in so vniuersall an apprehension of feare, feare nothing at all; because I am so much the rather induced to bee fearefull both of mine owne safety, and of yours also. Therefore (Honourable Lords) whensoeuer it shall bee your pleasures to ratifie your Iudgement against Lentulus, & his associats, beleeue it with constancy, that then you vndo Cateline, and disperse his confede∣rates: the sooner ye doe it, the sooner you breake them: Delay is dangerous; it hopeth it resol∣ueth. Neuer let it enter your Opinions, that by armes our forefathers augmented our Patri∣monies: For, if that were true, then at this day would it proue farre more glorious, in that, time hath giuen vs, not onely aduantage, but also surplusage of Allies, of Cittizens, of war∣like furnitures, and Horsses of seruice: No, no, my Lords, of those vertues, which made them so powerfull, and so fortunate, wee haue not one left vs; Thrift in Priuate, Iustice in Publicke; free Language in Parliament; Liues spotlesse, Mindes vn∣passionate. In lieu whereof wee possesse Ryot and Auarice: In times of Seruice, preten∣sed
pouertie: to serue our owne turnes, aboundance and plen∣tie. We admire Riches, and embrace Sloth: betweene Vertue and Vice we put no difference: Ambition incrocheth, where desert onely should haue preheminence. And no maruell! for euerie one of vs holde Counsels apart: At home wee vvorke for our priuat interests: heere we speake for Meed or fauour. So on all sides the Common-vvealth wringeth: But no more of these greeuances. Our fellow-Cittizens, and those discended of most Noble families, haue conspired the inuasion of their Countrey! They haue done their vtmost in the quarrell, to ingage the French, a Nation alwaies in deadlie hatred of the Roman name. The Captaine of the Warre, in person braueth you at your gates: and yet, you stand looking one vppon another; doubtfull and irresolute what to do, with those whom you haue apprehended within your wals. Shall I enforme you? Then thus: They are young Gentlemen, deceiued thorough foolish Ambition: Let them find fauor: yea, let them depart armed; without doubt, this your lenity, and pittie, vppon the next occasions, shall turne you to miserie.
The maine is bitter, ful of horror, but you feare it not! Yes iwis, and that extreamelie: why then like cowards and men of basest would stand you still, straining curtesie who shal march formost? Well, I know the reasons. Now, as in former times, in most iminent dangers you trust that the immortall Goddes vvill turne all to the best. Fooles that vvee are! To think that the Gods will be won by Womanish vovves and idle Sa∣crifices, without watching, without pains-taking, and good Counsel. Where these stand ioyntly imployed, al things come to happie ends. At Sloth and Cowardice the heauenly pow∣ers are off••nded.
In the daies of our Ancestors, A.M. Torquatus adiudged his sonne to death, for that against the commaund of his gene∣rall, he had happilie fought vvith his enemie. And he, (most vvorthie young Gentleman) accordinglie suffered the punish∣ment of rash valour: And do you now aske, what shall be done vnto these most mercilesse Traitors?
Sir, their fore-passed life merriteth some mittigation. Bee it so: Deale fauourably with Lentulus for the honour of his
house, if he at any time fauoured his owne good name, his cal∣ling, Gods, or men. Let the adolescencie of Cethegus, be a Mo∣tiue of mercy, if this be not the second rebellion wherein hee hath beene interessed. What should I say for Gabinius, S••atilius, Ceparius?
If they had bin men of any moderation, they woulde neuer haue ingaged their estates in such dangerous complots against their country.
Honourable Lords, if I could discerne any meane hopes, I could be vvell content to see you moderatelie beaten vvith your ovvne negligences, for that you regard not good Coun∣sel. But since we are beleaguered on euerie side: Cateline ho∣uereth ouer our heads with an armed power: his associates are within our wals, euen in the heart of our Cittie, and nothing can be dispatched in Counsell with secrecie: (weightie induce∣ments of speedie resolution) For these reasons, and for that (most Honourable Fathers) the Common-wealth hath runne into apparant danger, by the practises of these Traiterous Cit∣tizens, alreadie convicted by the Testimonies of T. Vultur∣tius and the Allobroges: & themselues haue confessed their intentions to kill, to burn, and to commit manie other lamen∣table and vnspeakeable outrages against the Citty, and this state. My censure is, that More maiorū, punishment bee in∣flicted vpon them, as vpon Traitors condemned of high Trea∣son, by their owne confession.
Cato being set downe, the Consuls, with the greater part of the Senate, approued his sentence, and highly prai∣sed his courage. And while one accuseth the other of faint & remisse courage, Cato obtaineth the atributes of Great, and Excellent. According to his censure they passe a De∣cree.
And because these two, M. Cato, and C. Caesar (men of excellent parts, but of diuers Natures) liued in my time, I thinke it not admisse, to adde vnto this my discourse, a Comparison of their liues and actions.
IN discent, in yeares, and eloquence they were almost equall: in greatnesse of mind and popu∣ler commendation alike, but diuersly. Caesar affected the Sir-name of Great, by Largesse & Bountie. Cato by Integritie of life. Caesar became famous for his curtesie and gentlenesse; Cato for his sterne carri∣age and seuerity. Caesar grew popular by giuing, by forgi∣uing, by releeuing: Cato by contraries. The one profest refuge to the oppressed: the other, inexorable to offen∣ders. The one was praised for affability: the other for gra∣uity. Caesars chiefest felicity was, to labor, to watch, to pre∣fer the ••uits of his fauourites, to be careles of his own, to deny nothing worth giuing: of cōmand, of Soldiery, of difficult wars (wherein valor and good conduct shewed the man) very desirous: But Catoes studies were modesty, graue carriage, and aboue all, seuerity. With the rich, he contended not for Riches, neither with the factious, for followers; but with the valourous, by imitation: with the modest, in Conscience, and with the good man, in absti∣nence. He coueted to be, not to seem. The lesse he sought praise, the more it followed him. Thus much for this:
L. Cassius, P. Fu∣rius, P. Vmbrenus & Q. Annius.
Sic Maro: N••que ••lie aut do∣lu••t miseran•• i••o∣pem, aut inuidet habenti.
Vt Caesero ipsi po∣stea ••ontigit, qui per clementiam illis pepercit, à quibus postea interfectus est.
Sub quibus clas∣sem Romanam in∣uaserunt, & quos caeperet, virgis caeciderunt, & tamen legati ad Scipionē missi, intacti ab eo ad S••natum suno remissi, & inde in∣columes & iudem∣nes Carthaginem sunt reuersi.
Iune. Omne animi vitium tantò con∣spectius in se crimē habet, quanto ma∣ior qui peccat ha∣betur.