BY how much they of Capua were prone , and ill aduised , to reuolt from the Romans vnto Hanniball , after the battaile of Cannas , by so much were they more obstinatly besieged , so that being forced for want of timely succours , to yeeld vnto the mercy of the two Roman Consuls , Appius Claudius , and Quintus Fuluius , they were in the end more cruelly punished than any other rebels . The which Vibius Virius ( the ringleader , and chiefe author of the said rebellion ) together with seuen and twentie other Senators foreseeing , they all poisoned themselues at a banquet : The rest of them that yeelded , were sent to prison , fiue and twentie to Cally , and eight & twentie to Theana . Where without any commandement from the Senat or people of Rome , and especially without the consent of Claudius : Fuluius caused them all to be first scourged with rods , and afterwards to be beheaded . Wherefore a doubt was made whether he was more righteous or rigorous in his deed . And therefore let vs imagine , that shortly after the rest of the Capuans accused him , saying thus :

WAs it not sufficient graue Senators , & you blessed people , that Vibius and his associats the chiefe authors and cause of the said rebellion , did sacrifice themselues vnto Fuluius his crueltie , but that you must further ad therunto these seuen and fiftie miserable Senators ? Is it possible that they were all culpable ? No surely : for seeing that they trusted to the Romane clemencie , their conscience was a sure testimony of their innocencie . But that could not saue them from the furie of Fuluius , who to excercise his crueltie , hath taken from the Senat & people of Rome , the meanes as well to shew their pittie as their power , not considering that the worthiest part of a victorie is to subdue the iust desire of reuenge . Wherefore despising all authoritie , & chiefely that of his Colleague and companion of his victorie , he rather desired to be accounted cruell then mercifull , and neglecting the prouerb which saith , That somtimes man sheweth himself a God vnto man , would rather verifie the contrary , That man is euen a woolfe vnto man . Surely our miserie cannot but be great , yet should it haue bene more tollerable , if it had proceeded from the Senate , or people , for then should there haue bene some shew of Iustice considered vpon by many , where now is seene but a reuenging cruelty , thought vpon by one alone , and executed on the suddaine . And so much more is this deed execrable , in as much as ordinarily we see many consultations to be held , and that of many men , to pronounce iudgement against one : but alas , almost al our Senators haue bene condemned euen in a moment by one man alone ( if he ought so to be called ) who hath shewed himselfe more cruell then any furious Lion or fierce Tigre . For he not being satisfied with the stripes and death of those which were sent prisoners to Theana , tooke yet further paines to make his iourney to Cally , to torture and behead those which were there also imprisoned : and he not being thorowly appeased therewith , did ad thervnto the miserable death of Taurea Lubullus a man euen besides himselfe , who although that of his own accord he offered himselfe to abide any punishment , yet were his torments aggrauated the more . All these acts ( O Romans ) are most lamentable , & worthy of great compassion amongst men . But yet the hatefull contempt which this monstrous man hath made of your authoritie is most detestable : For as he was in acting the second execution at Callie , when the miserable soules were not yet all bound to the stakes , there came ( as it were by diuine grace , and your goodnes ) letters from the Praetor and people of Rome to stay their execution , neuerthelesse this man his rage alone , preuailed more than did the clemencie of all the rest of you . But what is this man , who presumeth to be more wise , and taketh greater authoritie vpon him , then all the other Romanes besides ? Surely if crueltie be wisdome , and presumption carrie authoritie , hee hath reason ? But if humanity be decent for men , and to thinke no better of himselfe then others , be modestie , he hath done amisse ? for hee is worse then a beast that thinketh himselfe better then any other man . If it were lawfull , I would faine know what moued him , that he could not so much as stay this last cruell execution ? Or what hurt might haue happened vnto the Romans therby ? of whom we are the true ( though disobedient ) children , since heretofore we freely gaue our selues , & all we possessed into their hands . But if some amongst vs , more ambitious then the rest , vpon hope to command the weaker sort , haue yeelded themselues vnto Hannibal , was it conuenient that euen those who were displeased therewithall should die so cruelly , without being admitted not so much as to speake for themselues . Alas this crueltie is too extreame , and so much the more in that it was done against the intention of the Senat & people of Rome . But God graunt that vnder the colour of this horrible deed , there be not some secret hidden , more pernicious and hurtfull vnto the Romans then euer our rebellion was . I know ( besides the difficultie thereof ) how much all true Romane hearts doe detest such as do aspire to tyrannize ouer their owne countrey , yet I may say that the deeds of Fuluius doe shew that he aimeth at that marke , and it may be himselfe suspecteth that so much is alreadie knowne by him ; which was the only cause why he was vnwilling that the Capuans should be suffered to speake , least some thing might haue beene disclosed vnto his preiudice , the which I will not affirme , because that if it were so , it ought to be more then made manifest , since that many haue not only bene suspected , but also greeuously punished for matters lesse apparent then this : And amongst others Coriolanus , Manlius , Spurius , Cassius , and Melius , only for shewing themselues ouer liberall . To conclude , I feele my selfe so ouercharged with griefe , as I am not able to speake in such sort as I ought , pleading before this honorable Senat , who may be pleased to beare with my weaknes , considering that they neuer keepe decorum which are ouercharged with extream sorrow . May it then please you most worthy Senators , protectors of equitie , by that little which I haue badly expressed , to consider what might further be spoken vpon this matter , by one who is free from all anguish and feare .

THe Flemmings write very obscurely in their Chronicles , that their first Earle was named Leideric , being the sonne of one Saluart , a Foster of Flaunders , and they say that the said Leideric , while he was yet a Foster and comming to suruey his woods , did find the French king his daughter bebloubered with tears , because that in the said forrest , some had murthered a Prince of England , who had secretly stolen and carried her forth of France . Which Princesse , Leideric married , and of her had seuen sons ; whom he caused to be all apparelled with garments , the left side whereof was cloth of gold in honour of their mother , and the right side was woollen cloth , because himselfe was neither prince nor knight . Now it happened that the said French king ( whose name they likewise tell not ) followed in chase of Hart euen vnto the cittie of Liste in Flaunders , where the said Leideric dwelt , with whom the king was lodged : who thorowly viewing Leiderics children , thought that they greatly resembled his daughters countenance , and demanding for their mother , he presently knew her for his lost child : Wherevpon he made the said Leideric knight , and created him Earle of Flanders . Now saith the historie , that the eldest sonne of the said Earle being old inough to court ladies , did meet before the court gates with a woman that had a small basket of fruit to sell , which he tooke from her and carried vp vnto the gentlewomen . The poore woman staied for money for her said fruit , so long vntill it grew towards night , and then departing homeward , she lost her selfe in the forrest , so as she could not find her house vntill the next morning , when comming home , she found her child dead for want of the teat . Wherevpon she complained vnto the Earle , he fained to carrie his said sonne abroad to tourney , but passing thorow the forrest , he caused him to be hanged . Wherefore let vs suppose that the people accused the Earle vnto the king in this sort .

EVery cruelty ( if it may please your Maiestie ) is assuredly very odious , but that which the father committeth against his owne child is most execrable : for the father his kindnesse ought to exceed all other loue , imitating therein , the loue which God did beare vnto man , for the saluation of whom , he hath not spared his only begotten son , our Lord and Redeemer : whose example they are more bound to follow that are chosen to rule others , then those which are more base in condition , because the people for the most part doe conforme themselues to immitate their actions which command , and especially the bad before the good . Wherevpon it followeth , that he which commandeth ouer a Commonwealth or prouince , cannot offend in any meane sort , especially if his offence be publike , more if the cause be not ouer great , but most of all if it be such a vice as degenerateth from the nature of man : all which said faults are found in this detestable deed of our Earle , hauing wrongfullie put to death his owne son : and what sonne ? Euen his eldest sonne , and the same which should haue succeeded him and bene our Earle . But what offence can bee more publike then to cause his sonne to die by the most shamefull death in the world ? For by the halter , are theeues executed : and yet he had no such cause to put him to death , seeing that notwithstanding his fault was remedilesse : moreouer there is no ●ice thought more vnbeseeming a man then crueltie , and there is no greater cruelty than that which is committed against a mans owne blood , the which crueltie is not only done against himselfe , against his sonne , and against vs in putting our Prince to death , but also against the mother and brethren of the Prince , and that which worst is , against your Maiestie ; hauing executed the sonne of your daughter , your nephew , and your subiect , who in processe of time might haue done good seruice vnto your crowne and state . Wherefore this tyrant hath not only shewed crueltie vnto all these aboue named , but he hath further manifested his ingratitude vnto his king and soueraigne ; vnto your Maiestie I say , who hath made him noble by knighting him , creating him Earle of this countrie , and accepting him for your sonne in law . What punishment deserueth not a crime so manifest committed against the person of such a monarch ? But who is so ignorant that will not affirme that in this action , froward fortune hath rather beene the cause of the mischeife happened vnto this woman , than the prince himselfe , or els it was her negligence or ill hap , or the desteny of the infant . What meant she to stay so long ? Did not she know where to haue found the Prince the next day ? Had she lost her money by staying for it ? But to be short , this woman did shew her selfe to be both cruell and obstinate , as their sex are for the most part , and it may be she staied so long tatling with some of her gossips , and boasting that the Prince had bought her fruit , as night ouertooke her before she was aware : for the prattle of a woman is oftentimes without measure . But were it that the Prince his fault were farre more manifest and hainous then it is , yet is the cause to be iudged by none but by the king only , or by such as should by his Maiestie be deputed and appointed for iudges , and it is more vnfit that the father should be iudge of his child then any other , because either too exceeding loue , or too extreame rage , may ouerrule him : for when he is angry with those whome he loueth , his anger proueth more vehement and dangerous towards them then against others . Likewise no iudgement ought to be pronounced without counsell and due informations : But what proofes was brought against our prince ? Where are those which were called to consult vpon iudgement , or to giue aduice that he ought to die ? Alas , the father and the hangman were both Iurie , Iudge , and Executioner . Well , God graunt this mischiefe proceed not from some other ground : that is to say , least some old malice long since conceiued hath not made the father to find this occasion to destroy his son , it may be , chiefely to aduance his second sonne , whom he loued better . I passe ouer in silence how hee hath secretly endeuoured to haue the world suppose that the same was none of his son , therby meaning to slander your daughter , for those which know themselues inferiour to their wiues , doe neuer loue them heartily , but seeke all the meanes they can to make them lesse esteemed , and especially such as are ingratefull , of whom this Tyrant sheweth himselfe to be the chiefest . It may be said that it is not lawfull to accuse any man by coniecture , but what vilenesse may not a man imagine by such a one , seeing that like as vertues are knit together , so do vices follow one another ? To conclude ( dread soueraigne ) we doe better feele this wrong done to your Maiestie , to your daughter , to her children , and to our selues , then we are able to expresse the same in words ; but our iust teares together with our silence , demand iustice of your highnesse .

AFter the ouerthrow of Cannas , many cities yeelded vnto Hanniball , and in some of them the people rebelled against the Senators , as those of Capua did , where the Senate were in great danger to be cut in peeces by the communaltie , the which Pacuuius foreseeing , being a subtile man , and of the number of the Senators , but better beloued and esteemed amongst the people then with the Senat , he determined to appease the people by a wile : Whereof consulting with the rest of the Senators , and they finding no better meanes for their safeties , they consented therevnto . Wherevpon Pacuuius fained to detaine all the Senators as prisoners in the pallace , appointing certaine Ploebeians there to guard them : then he said vnto the people which were already assembled before the pallace , I haue the Senators our enemies in prison , and am of the opinion that all of them should be put to death : but to the end that the citie may not be destitute of Magistrates , it behooueth that you your selues doe chuse amongst you new Senators in the steed of the others which we shal kill , to the end that we may not be surprised vnawares , either by the Romans or any other of our enemies , and haue not such as may command and gouerne vs . Then hauing a Catalogue in writing of the names of all the Senators , he said : First such a one must be killed ( who was a man of great authoritie ) name one amongst you who may be thought worthy to succeed in his place . Then the people began to looke one vpon another , and there was not found any that was deemed sufficient to take that charge vpon him . Wherefore they began to accuse Pacuuius of crueltie , and in the end they confessed that there was not men enough to be found amongst them worthie to be Senators , and therefore they concluded to leaue the Senate euen as it was . Wherevpon the Senators were both deliuered , and confirmed in their former authoritie . Yet let vs suppose , that it happened , that one amongst the Senat ( no lesse enuious of Pacuuius his authoritie , then ioifull that he was saued by his subtiltie ) did long time after accuse him at Rome , affirming that hee onely induced the people vnto this sedition , and that his intention was not to saue , but rather to slay the Senators , and began his accusation in this manner :

VNdoubtedly such as suffer a wicked or vicious man to liue in a citie , doe either first or last repent it , yet is it rather commonly too late : How much more then ought they to be sorrie that suffer such men to obtaine the gouernement of the Commonwealth , and the honors only due to righteous and vertuous men , who for the most part doe shun such authorities , because it is a hard matter to execute so waightie a charge well . For since the weaknesse of man is such , as euen the wisest doe mistake bad things for good , and good things for bad , vntill the effect of that which afterward happeneth doth make them know their error : How can vitious or wicked men be able to doe any thing that is good ? Surely honours are the true touchstone whereby the vertue or goodnesse of a man is knowne : for in authority vertuous men do manifest their goodnesse , as wicked men do lay open their badnesse , as Aristides , Epaminundus , Licurgus , and others in all their authority did shew that vertue was incorruptible : And Periander , Pisistratus , Lisander and others declared , how much ambition preuaileth ouer such as are not perfectly vertuous , whose example Pacuuius was desirous to imitate , for being born in Capua a wicked man , and seeing that he was there in such sort suffered to remaine , he durst wel make claime vnto dignities , and obtaining the same did afterwards aspire to be tyrant . For by how much they which are vnworthie of authoritie , and yet doe attaine there vnto , by so much the more doth their insolencie thereby increase ; and that in such sort , as they not only doe presume the same to be due vnto them , but also that there is no gouernement great inough for them , and therefore such oppresse euen those who haue most fauoured them , which truly is a iust punishment which the Gods sendeth vpon those who fauour the wicked , that euen by the same themselues are oftentimes destroied . And so is it iustly fallen vpon our Senators , who knowing the vices of this man , haue not only permitted him to attaine the most principall honors , but also by their negligence haue suffered him to tirannise ouer the Senate and people , euen to the danger of the liues of the said Senators ; being so audacious as to affirme vnto them , that he only was able to defend them from being hewed in peeces by the people : and afterwards by his rashnesse put all their liues in danger of the peoples insolencie . But what had it bene if the people had resolued to doe that which he counselled them vnto ? what assurance had he that such his folly should haue come vnto a good end ? Truly that was euen the least of his caro , seeing that it could not happen amisse vnto him , for if the people slew the Senat , he should remaine the prince of the people , and the matter falling out as it did , hee should remaine lord of the people and Senat together , persuading both the one and the other , that they were highly bound vnto him : Whervnto the Senat was forced to yeeld , considering the authoritie which by their fault , he had gained amongst the people : yet this had beene a small hurt if he had beene contented that but onely himselfe should haue beene king , but his actions declared that he would confirme the kingdome vnto his posteritie by the means of Hanniball , vnto whom he not only brought his sonne Perolla , but himself did stay him from the killing of Hanniball , and from the procuring of the freedome of his countrie by this his most noble act . Finally this noble yong man did very well shew himselfe to be the sonne of a Roman matron , holding that noble mind of his mother : How could hee chuse but be greeued at the heart seeing that by his fathers words ( who rather ought to haue exhorted him therevnto ) his most couragious purpose was broken from the which this hairebraine man in all vild actions did not only dissuade him , but also constrained him to giue it ouer , affirming that if he would not bee ruled by him , he would aduertise Hannibal thereof , yea & would couer him with his own bodie in such sort as he should not be hurt vnlesse Pacuuius were slaine . Thus he alone did corrupt the faithfull zeale which the child ought to the Romans and his countrie . I passe ouer with silence , how that hee was the cause that Decius Magius was so euilly intreated by Hanniball in the presence of all the Citizens , and then afterwards clogged with chaines to be carried to Carthage , if the gods had not succoured him better then this honourable person , who had such credit with Hanniball , that at his banquet was the second man at the table , and his sonne the third , and yet did not once excuse , but rather most greeuously accused poore Magius to haue alwaies fauored the Roman faction . Thus hath this vnhappy man betraied his countrie foure times . First when hee put the life of the Senators to the discretion of the people : secondly , when he caused Capua to reuolt from the Romanes : thirdly when he made an agreement with Hanniball , and suffered him to enter into Capua : and fourthly , when hee kept his sonne from killing Hanniball . He will answere that he alone neither caused Capua to reuolt , nor to receiue Hanniball , I say he did , for vnder the colour of his protecting the Senate , no man durst gainsay him in any thing , except Magius who was punished therefore . If those who ( without calling any stranger ) doe by no such execrable meanes aspire vnto tyrannie , are greeuously punished , What torment then may be sufficient to bee inflicted vpon this wicked man ? Who not content to haue vsurped the gouernement , and called in a stranger for his defence , did also by threats corrupt the good nature of his sonne . Remember O you noble Romans that you haue for lesse fault punished and driuen away your kings , and consider also the causes why we cannot , much lesse will not be vnder any other then you , doe vs iustice then vpon him , who hath withdrawne vs from you .