Common Places, Part 2 · Chapter 9 · Section 5 – Section 6
Of Parricide or ſlaieng of parents.
In Iudg. 9, verſe. 5.9 Of the wicked crime of parricide, there are manie things written in the ciuill lawes Ad L. Corneliam De parricidijs. And (as far as may be gathered out of the lawes and hiſtories) in old time, the name of that crime was giuen vntounto thoſe, which murthered their parents, grandfathers, and great grandfathers, &c: to thoſe alſo which murthered their children, and childrens children, &c. But afterward by Pompeius the ſignification thereof was further extended. And they were alſo called parricides, which killed their brothers, their ſonnes in lawe, their daughters in lawe, their fathers or mothers in lawe, and ſuch other. The lawe of Numa Pompilius.Although there be an old lawe, and giuen by Numa Pompilius; If anie man wittinglie bringeth a frée man to death, let him be taken for a parricide. And Auguſtine, in his third booke De ciuitate Dei, Auguſtine.the ſixt chapter, counted Romulus guiltie of parricide, bicauſe he ſlue his brother. And there he derideth the Ethniks, which affirmed, that their gods ſuffered Troie to be deſtroied; bicauſe they would take vengeance of the adulterie of Paris. But how (ſaith he) were they fauourable vntounto Rome, when as the builder thereof committed parricide, ſtraitwaie at the beginning? Auguſtines booke De patientia ſuppoſed not his.Howbeit, the ſame Auguſtine in his booke De patientia (which neuertheleſſe is counted none of his) in the 13. chapter, appointed a certeine latitude or degrées betwéene parricides: for (as he ſaith) he ſinneth more heinouſlie, which killeth his parents or children, than he which murthereth his brethren. And he which ſlaieth his brethren, offendeth more than he, which deſtroieth thoſe, that be further of kin.
And the wicked crime of ſlaieng parents or ſuperiours, ſéemed to be ſo horrible, that at Rome, for the ſpace of ſix hundred yéeres after the building of the citie, it was not committed. Yea and Romulus, Romulus made no mention of parricide in his lawes.that made no mention of it in his lawes, being demanded why he left it out, anſwered; that he could not be perſuaded, that anie ſuch thing can happen vntounto men. Solon alſo being aſked why he likewiſe, by his lawes, did not reſtreine parricide; An anſwer of Solon.anſwered, that he wold not by anie occaſion of his lawes, giuegive men knowledge of ſo horrible a wickedneſſe, and by his admoniſhment, to ſtir them vp after a ſort vntounto it. For it oftentimes happeneth, that they, which forbid certeine vices, prouoke men to fall into them; who verie often will indeuour to doo ſuch things as they are forbidden. The murther of brethren and kinſfolke, hath vndoubtedlie béene from the beginning; as all hiſtories doo teſtifie. And the puniſhment of thoſe parricides, which ſlue their parents or children, was by lawes (as it is perceiued Ad legem Corneliam de parricidijs) that they ſhould be ſowed in Culeo, The puniſhment of parricides.that is, in a leather ſacke, and with them alſo were put an ape, a cocke, and a viper, and were throwne into the deapth of the ſea, or elſe in the next riuer adioining. But they, which ſlue of their kinſfolke or couſins, were puniſhed with the ſword onelie.
Theſe puniſhments if at anie time they were either paſſed ouer, or winked at, by the magiſtrates, God himſelfe puniſhed them; as the hiſtorie of Samuel declareth of Abſolom, Abſolom. 2. Sa. 18, 14.which killed his brother, and moſt cruellie ſet vponupon his father. He alſo ſtriketh them with rage and madneſſe, which commit ſuch horrible wicked acts: as both the poets, and alſo hiſtoriographers write of Nero and of Oreſtes. Nero. Oreſtes.For both of them hauing killed their mothers, became mad. And it is a common ſaieng, that they, which commit ſo great wickedneſſe, cannot be quiet in mind. Cicero.Wherefore Cicero in his oration for Roſcius, ſaith, that certeine yoong men of Terracina, which were accuſed of murthering their father, were by this meanes quit; bicauſe in the morning they were found aſléepe. For the iudges thought, that they could not ſléepe, which had committed ſo heinous a crime. Domitian alſo, Domitian.which ſlue his brother Titus, was killed by the vengeance of God. And in like maner Baſſianus Caracalla, Carracalla.when he had deſtroied his brother Geta. And that we ouerpaſſe not Abimelech, Abimelech.God ſent an euill ſpirit betwéene him and the princes of the Sichemits: Iudg. 9.and either partie was taken with a certeine furie, ſo that in the end, one of them deſtroied another.
Of Sword-plaie.
10 Whereas God by moſt weightie words pronounced, that mans blood ſhould not be ſhed; In 2. Sam. 2, verſe. 12.this in the ſword-plaie, among the ancient Romans, was held for a game: Fighting by ſword-plaie is reprehended.which deuiſe of theirs cannot by anie meanes be excuſed. L. Florus ſaith, that D. Iunius Brutus, at the funerall of his father, exhibited for a ſhew 22. couple of ſword-plaiers. This (forſooth) was to purge his fathers ſoule by ſacrifice, or rather to appeaſe the diuell. But verie excellent was that ſaieng of Theodoſius the emperour. For when the people in the Theatre made petition to him to hauehave ſword-plaiers; hée anſwered, that A godlie prince not onelie ought to reigne with clemencie, but ought alſo to behold games, which be without crueltie. And at Athens, when the people had determined to hauehave a publike ſhew of ſword-plaiers, bicauſe the ſame was a cuſtome among the barbarous: Demonax anſwered, that the altar of merciemercy was firſt to be ſubuerted, before ſo great a crueltie ſhould be openlie receiued. Auguſtine in his ſixt booke of confeſſions, the ninth chapter ſaith, that his friend Alypius, otherwiſe a good man, being at Rome, had his mind woonderfullie delighted with ſword-plaiers, and did gladlie féed his eies with humane bloud. But what pleaſure could be therein? Was it to ſée men die valiantlie? No, this was not true fortitude: for that hath conſideration of the place and time. But this was to be vtterlie mad, and lauiſh of their life.
Seneca in his firſt booke De tranquillitate, and tenth chapter ſaith; that Cicero writeth, that thoſe ſword-plaiers were hated of the people, which would deſire life of him, of whom they were ouercome; and that the people liked them, which make a ſhew that they can contemne death. Howbeit, this was not the part of men, but rather of beaſts. 1. Sam. 2, 11Therefore, both Abner and Ioab were to be reprooued, which ſo cauſed their ſoldiers to kill one an other. But there is yet an other kind of ſword-plaie farre more wicked. For there be ſome, which prouoke learned men to contention, about the weightieſt points of our religion; not for the truth ſake, but for the deſire of contention. There is exclaming, contending, and breaking of charitie. And the common multitude dooth ſo often change, as it cannot tell now what it ought to beléeue. This of all other, is the worſt kind of ſword-plaie. Indéed I diſwallow not moderate conference of religion; but I reprehend chiding and clamors about hidden and ſecret matters.