University of Virginia Library

Scene 4.

Libranus Serverus.
Lib.
Sad! Serverus? Dejection ill becomes
The Demeanour of a Souldier.

Ser.
Not so Libranus,
When fram'd o'th useles sense of others wrongs:
True valors object solely seated is
On others Interests, to which unblemisht she
Yeelds up her self, though not unto our own.

Lib.
But thus opprest, is to betray our cause
To an ill Omen; we immov'd have stood
The Chance of war; and far more firmly should
Expect faire vertues Triall.

Ser.
The Chance of War
Lesse fatall is to Arms, than slights of Peace,
Wherein, our open plainnesse doth expose
Our carelesse lives to ev'ry Artifice
Of close Supercherie. But see they come,
Lets wait the Issue.

In great solemnity the Judge with the Court of Justice, Officers goes before the Hearse, whom Nefarius busily entertains, as also two Advocates, the one as Plaintiffe being Atturney Generall for the State, the other as Defendant for Castrophilus. Next the Hearse, Ludaster, Ambigamor, Gratianus, Fidelius and others.
Lib.
Hah! so busie in obsequiousnesse!
Open Corruption unsuspected slides
Into the hearts of Men, under the form
Of Ceremony: So Custome gelds the Law.

Ser.
Thou err'st Libranus, in that thou think'st not
The Introduction more material.

The Judges set.
Judge.
Exhibit the Charge.

Reg.
Castrophilus of the Segusian Force
The Court Register reads.
Late General, refused his Commission
To yeeld up to our Protectors Order,
By which inhibited to fight, provokt
The Enemy to unsought Encounter,
To th'hazard of the State.

Att. Gen.
Crimes, in their nature clear
Require no further Sense to give them weight;
On such t'enlarge with Circumstance or Art
Were not t'enlighten, but to aggravate:
In which suggestion, Justice, weakly fenc't,
Might be too soon surpris'd with appearance.
Which to avoid; my Honourable Lords,
I shall with Artless brevity relate
Th'inormity of the Offence, exposed
To your Judgements.
First, to your considerations I present
Th'Indignity to our Soveraignes Substitute,
In contempt of his Order, whose only will
Bore weight enough to lend it consequence.
Had not th'obscured Glory of that State,
To whom our better Fate hath joyned ours,
(Ev'n in her fullest pride) by her example
(Effectual as her transferr'd Laws) prescib'd
A certain Course to our security
From her suff'rings, in continuation
Of her Offices. Which dangerous step
To Ambition, her first Innovator,
Cesar, in his own personal practice sound,
And remedied, at his return to Rome,
Perfixing tearms unto the Prætorie
And Consulate. This onely for the ground
Of the Injunction which followed
With disobedience, the overthrow
Of government: intrudes a president
(The supplement to all defective Laws)
From our preceding Pattern;
Who sentenc'd to be whipt his Ingenier,
For that he rather chose to fail this Rule
Of Rule; then that Rule of his Art, which held
A known repugnance to his Masters will:
To which ensues, yet a more weighty crime,
The hazard of our Liberties and Lives
Rashly thrust on one moments doubtfull trial,
In opposition to Authority.
Changes in States, 'specially succeeded
By minoritie, are held no seasons fit
To tempt th'incertitude of Arms: wherein
Faults irrepairable are seldome twice
Committed: whose issues, though succesful, when
Inhibited that Romans censure merrit;
Which to his son triumphs applause denies,
And crown'd the victor but for Sacrifice.

Ad. De.
My honoured Lords,
In Decimo Sexto Patravis.

Lud.
Forbear vain babler,
Lu. puts the Ad. by with his hand from the Bar.
Sullie not a Cause with thy impertinence
Needs no defence from mercinary form;
Her purity to blemish were a Cryme,
Great as the Charge suggest's,—How suddenly
Pause.
Incensed wrongs become licentious:
Against the Order of the Court, I fear,
I do transgresse; thus rudely to assume
A Liberty; but by your grace allow'd,

Ju.
Proceed.

Bows to the Judge
Lu.
T'omit the ground pretended to revoke,
The progresse of our Arms, though in it self
Disputable: since he but once remov'd
Successor to the President alledg'd,
More subtle far than he, it practised
With success, as the immediate means
T'establish his security. But this,
With common Preservation ballanced,
Will easily, with your assent, admit
A contradiction in the consequence.
And though the works necessity appear,
Not to each vulgar eye, Experience
And Observance, hath confirm'd the Master
Of the Mystrie therein, for whose account
He onely is responsible to heav'n.
The Function of General, solely being
To Soveraignty inherent; whose presence
Heretofore authoris'd all proceeding,
Till a corrupter Age, through ease and lux,
Induc't a substitute, who still retains
Th'essentiall marks of his Original;
Exacts the Rites of National Laws abroad;
Supports the course of civill laws at home;
And with his moving Commonwealth transports
A Law peculiar to his Ministrie:
Which he reforms, or abrogates at Will;
Dispenseth Honour, from his proper source;
Divides the spoyle as freely as his own.
Nor can the nature of his Action
Agree with order, limit; or restaint;
Which Subject are, to method time and place,
From whose varying occurrents he by eye
Takes new advice, to guide his purposes.
Whence expeditions of this qualitie,
Prove seldome happy but in silence seal'd.
Nor can th'objected Presidents be of force
Inferring only, how far this pow'r, now
In question, extends it self o're others,
Not how far others power over it.
Which may in fairer evidence appear,
To justifie our Cause (if presidents
Be received) when you shall recollect,
How Fabius first the Cimmian Mountains past.
Divide the Roman from the Thoscan Coast,
Without the Senates consent or advice,
From whom their Tribunes and their Deputies
Beeing sent with strict Defence to stop his course,
He not desisted from his enterprise,
Which happily he finished, without
A farther Contestation.

Judg stands up.
Ju.
Whereas the littr'al sence of Laws do not
Exactly touch the Nature of th'offence;
We may from Presidents receive advice;
But yet no Rule, in that the circumstance
Of their depending Causes are to us
Not published. In which Case, our recourse
Must to the light of Nature be; Reason,
Laws Principal; who from her self should erre,
Should she great Crimes neglect, & yet the small
Suppresse; for in her silence so she should,
Were not great crimes forbidden in the less.
Which, cautious, she forbore to specifie,
Seing mans froward frailty still did take
New violence from restraint: Jealous t'awake
His faculty, in her invention.
Such is the subject now in difference,
Our Laws i'th letter not precisely mark,
But from the Relative and Comparative sence
We may disclose the full necessity
Of her Intention in the consequence.
Which cannot be the Branches to preserve,
And leave the Root affords them nourishment:
Which here the Person, and his Act transgrest,
Do truly represent: For of what use
Are Magistrates, their Head being disobeyed,
Or in their mouths the Laws, if who them fram'd
May in their own Injunctions be gainsayd
With impunity. Yet farther th'offence
In the dependance doth extend it self:
Exposing the security of the State,
Without necessity, to a doubtfull chance;
Which in well-govern'd Common-wealths are shunn'd
To 'th last extremity: And then not past,
Without a gen'ral Consultation,
Whose advise slighted or contraried,
In such important actions, doth deserve
(What e're the issue he) the punishment
Of high Treason, Whereof I do pronounce
Castrophilus guilty. Yet least the rigour
O'th Law should seem in vengeance to delight,
Who strikes but by example to correct;
His body fre'd from our community,
We undisturbed leave to Funeral Rites;
But what of him remains with us must suffer:
His Honours are in degradation loft,
His goods to'th publique Treasure forfeited.
His Son and Allies judg'd to Banishment,
Not as Complices to the present Crime,
The Souldiers seem to weep.
But as to further Crimes prevention.
Dissolve the Court.

Exit Judg. and their Attend.
Lud.
How soon affection doth communicate
To others sufferings. Thus feeble sorrow
Doth un-man the soul. Why thus dejected?
Do you vainly think, that valour only
Is the practice of the field? The Subject
Of your displeasures is impassible;
Or if in being still, he would again
His innocent life, with cheerfulnesse, yeeld up,
In favour of the course of Justice,
Without a secret murmur.

Gra.
His vertue of too frequent usage was
Amongst us all, to doubt the excellence,
Whose glorious Mem'ry our Ages malice
May vail awhile, but can extinguish never.
This, nor the scandal to our Industry,
As subsequent to His; moves an excess
In our just sufferings, though either may,
Without Reproach, a just resentment challenge.
But the expansion of his worth cut off,
From us and Action, in your weightier wrongs.

Lud.
Their relation to you, but make them such
Seems to yeeld to passion.
To me. Th'effects of love more strongly move
Than of Enmity.

Lib.
Our swords are the best speakers of our loves
And wrongs: whose use, each man that hath a sense
Of vertue, must without reserve, yeeld up
To the defence of yours.

Lud.
Reserve your valours for a worthier cause,
Your Interests and the States must never be
Oppos'd by mine, Thare friendship never was
S'indiscreet, to prejudice the Owner,
Nor my Faith my Country.

Amb.
Come; I have salve for all thy sufferings,
Embraces Lud.
Whose splendour shall through these disorders move
True satisfaction from the sphear of Love.