Nero Cæsar, or Monarchie depraued An historicall worke. Dedicated, with leaue, to the Duke of Buckingham, Lord Admirall. By the translator of Lucius Florus.

CHAP. XXVI. ONE OF THE PRETORS IN ROME GVILTY OF An Heynous Libell AGAINST NERO. FREE TOVCHES VPON THAT OCCASION, CONCERNING Libells, AND THEIR Authors.

OTher sicknesses of the time brought forth a case at ROME, the next yeare after the trou∣bles in BRITAIN, which for that it hath most neare affinitie with the ranck, and odious li∣cenciousnesse of some in our own age, deserues in a prime degree to be exemplified. ANTISTIVS SO∣SIANVS, who for his birth might haue had better manners, and for his place ought (as being a magi∣strate of honour, and a senatour) composed in his owne house a railing inuectiue against NERO, and

divulged it in anothers. For at a famous supper with OSTORIVS SCAPVLA (the generous sonne of that great OSTORIVS SCAPVLA, who died in BRITAIN) the intemperate gallant, among his bits, and cups, did openly read the defamatorie verses. But the auditorie was not staunch enough: for the fame soaking through, arriued soone at CAE∣SARS eares. The senate was hereupon acquainted with the man and matter, as the proper auengers of their princes iniurie. This ANTISTIVS (take him as he was in himselfe) had nothing of a discreet or honest man; which fully qualified him for the writing of libels. It is worth the labour to scanne him all ouer. Hee was therefore in his first times, a factious friend of immodest, and idle quarrels; euen so farre forth as to engage his magistracies power for their maintenance. For whereas VIBVLLIVS, a graue and honourable officer of state, in the se∣cond CONSVLS of NERO, by vertue of his pretorship, had cast certaine persons into prison, for seditious partakings about common players (the matter oftentimes of much offence) AN∣TISTIVS attempted to free them by authoritie of his countermand, as he was a tribune of the people of ROME. But VIBVLLIVS carried the cause, and the other the blame, by the voice of the Senate. Afterwards, when himselfe came to be a pretor, and encrease of dignitie should haue encreased his graui∣tie, he despising his proper happinesse, and station, and madlie supposing that neither any argument, time, nor person was exempted from the licence of his wit (a phrensie of false glory) vndid himselfe, and endangered others. A most headlong medler, apt for mischiefe, and of an iniurious spirit. For the Prince (though being NERO'S selfe) was neither

at the worst, nor had in particular giuen him any cause of spleene: and CAESARS reformation could not any way belong to him, who was himselfe so farre out of all good order. They who are cleare ought to be spare in reprouals; but the foule should euermore be silent. The sentence (that I meane which was executed vpon him for this fact) tooke his honour, estate, and liberty away. And of this milder doome, PAETVS THRASEA (the wonder of his time for morall life) was the leading author. For others would haue also had him put to death after the most smarting and ignominious manner. But whom prosperitie made vnreuerent to her blessings, aduer∣sity perhaps recouered to soundnesse and himselfe. Nothing lesse. For in his banishment (that was a branch of the censure) hee bewrayed the truth of a libellours nature; playing parts (when hee thought they would serue his turne) most abiect, false, and base. CORNELIVS TACITVS (with a penne which prints deeper then the hottest fearing-yrons) hath branded them in vpon him for euer: nor doth that pondrous author temper himselfe from calling him vile. Among two-footed beasts, it is hard to say, whither a delator, or a libellour be worst. And it is not an ordinarie infelicitie to bee in company where such mis-behauiours happen. OSTORIVS SCAPVLA therefore (the maister of that vnluckie feast) willing all hee could to preserue that sacred obliuion, vnder which faire conuersation locks vp table-talke, gaue in for euidence, that hee heard no∣thing. And most happie had it beene for that mag∣nanimous, and valiant gentleman, if in the voider the memorie of those heinous lines had beene al∣so corapped-vp. For the libellour should then haue afterwards mist the meanes to ruine him, and

others; by counterfeit friendship, trecherous inter∣ception of doubtfull secrets, mischieuous pilferie of papers, and their poisnous enforcements. Of all which as ANTISTIVS was most guiltie, so it did consummate his shame. For to the rest of his bad qualities it added the foulest, and the summe of all, that hee was ingratefull. Thus much for the person of ANTISTIVS, in whom wee vndoubtedly be∣hold the image of his fellow-libellours, or priuie true speakers of scandalous things against maiestie, with treasonable ends; and not in sorrow for the publicke, or as a friend of vertue. The office of a so∣ueraigne is sacred, his person for his offices sake: and though his vices bee not more exempted from ha∣tred then from view, yet euen the worst would haue them hidden. This accordingly was the endeuour and desire of NERO, who when he was afterwards most infamous, did hope notwithstanding, that what hee did shamefull in the night, the darkenesse of night, in fauour of the proper workes of it self, would fully couer. Therefore, when hee found by the co∣dicils of PETRONIVS, that his lasciuious secrets, (which hee till then did suppose lay hidden) were detected; SOSIA was banisht, as the pipe by which they were conveigh'd from CAESARS chamber thi∣ther. Nor could it but add to the crime of ANTIS∣TIVS, that the seuere PAETVS THRASEA spake very much honour of NERO, before he deliuered his opinion in abatement of the libellours punish∣ment, and stiled NERO a right worthy Prince; for all this while was SENECA about him. It is good for the world, that there should be some sharpe de∣clamers against vices in abstract, or in generall. The defamatorie noting of persons is not to bee permit∣ted, but onely to the magistrate. Take mutuall re∣uerence

away; and you lift the world from off the hindges. And it was no new prouision which the emperours VALENTINIAN, and VALENS or∣dained, but the interpretation of an old, when they signified by their rescript, that not onely to compose, and divulge a defamatorie libell, against any honest sub∣iect of the empire, but meerely to publish the contents, though they destroyd the originall, was by them declared felonie. And truely, if honour bee worthily more pretious then life (the touch whereof, whether true, or false, is the common ground of bloudie duells) can there any thing be thought more vniust, then that a scandalous tongue, or style, should passe with ap∣plause against whomsoeuer, not first condemned by law? The same emperours notwithstanding made it free, by their explanation, for any one who did subscribe his name, and at the perill of his head (for that was the penaltie) stood to maintaine what his tongue and hand had publisht, should both bee secure, and receiue, with thancks, reward. If there∣fore the honour of subiects was so tender, what va∣lue can be assessed vpon that of soueraigne princes? Yet the Christian moderation of the noble empe∣rours, THEODOSIVS, ARCADIVS, and HO∣NORIVS, is the example of our sacred SOVE∣REIGN, whose iudgements in their owne case was diuinely high. For thus they said in effect: That if any blasphemed them (the Apostle vseth that word in matter of maiestie) being led therevnto, either by leuity, or madnesse, and not of malice, it was their pleasures that such a delinquent should not suffer. Reser∣uing alwayes to themselues the iudgement of the spirit. ANTISTIVS, among all other his bad desarts, most iustly odious, for that by his vnseasonoble o∣uer-boylings against NERO, the pestiferous exten∣sions

of the law of maiestie (so pernicious formerly to all affiance in conuersation, and so calamitous to the noble) began vpon this occasion to bee raised out of the graue againe, to the bane of many wor∣thy Peeres. An act of highest magnanimitie, for a Prince to sit far aboue all maledictions, vnmoued, and not vpon euery reuenge slightly to vncollar in∣dignation. The fault notwithstanding is not the lesse for being left vnpunished; and DAVID forgat not SEMEI. ANTISTIVS a miserable man du∣ring life: for as his wilde wit ouerthrew him, so his trecherie stood him in little sted. For hauing excee∣ded the limits of his banishment, and the SENATE misliking it, MVCIANVS (in VESPASIANS dayes) to appease their lordships, did shut him vp again within his ile; their angry curse vpon him. Such was ANTISTIVS in his manners, and for∣tunes. His likes deserue to haue a NERO for their prince, and not a most milde king IAMES.