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The tearme being past fome fifteene daies, the Jew refused to take his money, and demaunded the pound of flesh: the ordinarie judge of that place appointed him to cut a juft pound of the Chriftian's flesh, and if he cut either more or leffe, then his own head fhould be fmitten off: the Jew appealed from this fentence, unto the chiefe judge, faying:

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Impoffible is it to breake the credit of trafficke amongst men without great detriment to the commonwealth: wherefore no man ought to bind himfelfe unto fuch covenants which hee cannot or will not accomplish, for by that means fhould no man. feare to be deceaved, and credit being maintained, every man might be affured of his owne; but fince deceit hath taken place, never wonder if obligations are made more rigorous and strict then they were wont, feeing that although the bonds are made never fo ftrong, yet can no man be very certaine that he shall not be a Jofer. It feemeth at the first fight that it is a thing no lefs ftrange than cruel, to bind a man to pay a pound of the flesh of his bodie, for want of money: furely, in that it is a thing not ufuall it appeareth to be fomewhat the more admirable, but there are divers others that are more cruell, which because they are in ufe feeme nothing terrible at all: as to binde all the bodie unto a moft lothfome prifon, or unto an intollerable flaverie, where not only the whole bodie but also all the senses and spirits are tormented, the which is commonly practifed, not only betwixt those which are either in fect or nation contrary, but also even amongst those that are of one fect and nation, yea amongst Chriftians it hath been feene that the fon hath imprifoned the father for monie. Likewite in the Roman commonwealth, fo famous for lawes and armes, it was lawful for debt to imprifon, beat, and afflict with torment the free citizens: how manie of them (do you thinke) would have thought themfelves happie, if for a finall debt they might have been excufed with the paiment of a pounde of their flesh? who ought then to marvile if a Jew requireth fo fmall a thing of a Chriftian, to difcharge him of a good round fumme? A man may afke why I would not rather take filver of this man, then his fleth I might alleage many reafons, for I might say that none. but my felfe can tell what the breach of his promife hath coft me, and what I have thereby paied for want of money unto my creditors, of that which I have loft in my credit: for the miferie of thofe men which efteem their reputation, is fo great, that oftentimes they had rather endure any thing fecretlie, then to have their difcredit blazed abroad, because they would not be both fhamed and harmed. Nevertheleffe, I doe freely confesse, that I had rather lofe a pound of my flesh then my credit fhould be in any fort cracked: I might alfo fay that I have need of this flesh to cure a friend of mine of a certaine maladie, which is otherwise incurable, or that I would have it to terrifie thereby the Christians for ever abufing the Jews once more hereafter: but I will onlie

fay,

fay, that by his obligation he oweth it me. It is lawful to kill. a fouldier if he come unto the warres but an houre too late, and alfo to hang a theefe though he steal never fo little is it then fuch a great matter to caufe fuch a one to pay a pound of his flesh, that hath broken his promife manie times, or that putteth another in danger to lose both credit and reputation, yea and it may be life, and al for griefe? were it not better for him to lofe that I demand ́ then his foule, alreadic bound by his faith? Neither am I to take that which he oweth me, but he is to deliver it to me and efpeciallie because no man knoweth better than he where the fame may be fpared to the least hurt of his perfon, for I might take it in fuch place as hee might thereby happen to lofe his life: whatte matier were it then if I fhould cut off his privie members, fuppofing that the fame would altogether weigh a juft pound? or els his head, fhould I be fuffered to cut it off, although it were with the danger of mine own life? I believe it should not; because there were as little reason therein as there could be in the amends whereunto I fhould be bound: or els if I would cut off his nose, his lips, his ears, and pull out his eies, to make them altogether a pound, thould I be fuffered ? furely I think not, because the obligation dooth not fpecifie that I ought cither to choose, cut, or take the fame, but that he ought to give me a pound of his flefl. Of every thing that is fold, he which delivereth the fame is to make waight, and he which receiveth, taketh heed that it be just feeing then that neither the obligation, custome, nor law doth bind me to cut, or weigh, much leffe unto the above mentioned fatisfaction, I refufe it all, and require that the fame which is due should be delivered unto me."

The Chriftian's Anfwere.

"It is no ftrange matter to here thofe difpute of equitie which are themselves most unjust; and fuch as have no faith at all, defirous that others fhould obferve the fame inviolable, the which were yet the more tolerable, if fuch men would be contented with reasonable things, or at the least not altogether unreasonable: but what reafon is there that one man fhould unto his own prejudice defire the hurt of another? as this Jew is content to lofe nine hundred crownes to have a pound of my flesh, whereby is manifeftely feene the ancient and cruel hate which he beareth not only unto Chriftians but unto all others which are not of his fect: yea, even unto the Turkes, who overkindly doe fuffer fuch vermine to dwell amongst them, feeing that this prefumptuous wretch dare not onely doubt, but appeale from the judgement of a good and just judge, and afterwards he would by fophifticall reafons prove that his abhomination is equitie: trulie I confeffe that I have fuffered fifteen daies of the tearme to paffe, yet who can tell whether he or I is the cause thereof, as for me I think that by fecret meanes he

VOL. II!.

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he has caufed the monie to be delaied, which from fundry places ought to have come unto me before the tearm which I promised unto him; otherwife, I would never have been fo rafh as to bind myfelfe fo ftrictly: but although he were not the cause of the fault, is it therefore faid, that he ought to be fo imprudent as to go about to prove it no ftrange matter that he should be willing to be paied with man's flefh, which is a thing more natural for tigres, than men, the which alfo was never heard of: but this divil in fhape of man, feeing me oppreffed with neceffitie, propoundeth this curfed obligation unto me. Whereas he alleageth the Romaines for an example, why doth he not as well tell on how for that crueltie in afflicting debtors over grievously, the common-wealth was almost overthrowne, and that shortly after it was forbidden to imprison men any more for debt. To breake promise is, when a man fweareth or promifeth a thing, the which he hath no defire to performe, which yet upon an extreame neceffity is fomewhat excufable: as for me I have promised, and accomplished my promife, yet not fo foon as I would; and although I knew the danger wherein I was to fatisfie the crueltie of this mischievous man with the price of my flesh and blood, yet did I not flie away, but fubmitted my felfe unto the difcretion of the judge who hath justly repreffed his beaftlinefs. Wherein then have I fatisfied my promife, is it in that I would not (like him) difobey the judgement of the judge? Behold I will prefent a part of my bodie unto him, that he may paie himfelfe, according to the contents of the judgement, where is then my promife broken? But it is no marvaile if this race be so obftinat and cruell against us, for they do it of fet purpose to offend our God whom they have crucified : and wherefore? Because he was holie, as he is yet fo reputed of this worthy Turkish nation: but what fhall I fay? Their own Bible is full of their rebellion against God, against their priests, judges and leaders. What did not the very patriarchs themselves, from whom they have their beginning? They fold their brother, and had it not been for one amongst them, they had flain him for verie envie. How many adulteries and abhominations were committed amongst them? How many murthers? Abfalom did he not caufe his brother to be murthered? Did he not perfecute his father? Is it not for their iniquitie that God hath difperfed them, without leaving them one onlie foot of ground? If then, when they had newlie received their law from God, when they faw his wonderous works with their eies, and had yet their judges amongst them, they were fo wicked, what may one hope of them now, when they have neither faith nor law, but their rapines and ufuries and that they believe they do a charitable work, when they do fome great wrong unto one that is not a Jew? It may please you then, moft righteous judge, to confider all thefe circumstances, having pittie of him who doth wholly fubmit him

felfe

felfe unto your just clemencie: hoping thereby to be delivered from this monfter's crueltie." FARMER.

The "History of Gefta Romanorum," is advertifed at the end of the comedy of Mucidorus, 1668, to be fold, among other books, on Saffron Hill, in Wine Street, near Hatton-Garden. Again, in Sir Giles Goofecap, 1606:

"Then for your ladyfhip's quips and quick jefts, why Gefla Romanorum were nothing to them." Again, in Chapman's MayDay, 1611:

66

one that has read Marcus Aurelius, Gefia Romanorum, the Mirror of Magiftrates, &c."

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Gregorio Leti, in his Life of Sixtus V. tranflated by Ellis Farneworth, 1754, has likewife this kind of story.

It was currently reported in Rome that Drake had taken and plundered S. Domingo in Hifpaniola, and carried off an immenfe booty this account came in a private letter to Paul Secchi, a very confiderable merchant in the city, who had large concerns in thofe parts which he had infured. Upon the receiving this news he fent for the infurer Samfon Ceneda, a: Jew, and acquainted him with it. The Jew, whofe intereft it was to have fuch a report thought falfe, gave many reafons why it could not poffibly be true; and at last worked himself up into fuch a paffion, that he faid, "I'll lay you a pound of my flesh that it is a lie."

Secchi, who was of a fiery hot temper, replied, If you like it, I'll lay you a thousand crowns against a pound of your flesh that it is true." The Jew accepted the wager, and articles were immediately executed between them, the fubftance of which was, "That if Secchi won, he should himself cut the flesh with a fharp knife from whatever part of the Jew's body he pleased." Unfortunately for the Jew, the truth of the account was foon after confirmed, by other advices from the West-Indies, which threw him almoft into distraction; especially when he was informed that Secchi had folemnly fworn he would compel him to the exact literal performance of his contract, and was determined to cut a pound of flesh from that part of his body which it is not neceffary to mention. Upon this he went to the governor of Rome, and begged he would interpofe in the affair, and use his authority to prevail with Secchi to accept of a thoufand piftoles as an equivalent for the pound of flefh: but the governor not daring to take upon him to determine a cafe of fo uncommon a nature, made a report of it to the pope, who fent for them both, and having heard the articles read, and informed himself perfectly of the whole affair from their own mouths, faid, "When con. tracts are made, it is just they fhould be fulfilled, as we intend this fhall. Take a knife, therefore, Secchi, and cut a pound of flesh from any part you please of the Jew's body. We would advife you, however, to be very careful; for if you cut but a fcruple or grain more or less than your due, you shall cerT 2

tainly

tainly be hanged. Go, and bring hither a knife, and a pair of fcales, and let it be done in our presence."

The merchant at these words, began to tremble like an aspinleaf, and throwing himfelf at his holiness's feet, with tears in his eyes protested, "It was far from his thoughts to infift upon the performance of the contract." And being afked by the pope what he demanded; anfwered, "Nothing, holy father, but your benediction, and that the articles may be torn in pieces." Then turning to the Jew, he asked him, "What he had to say, and whether he was content." The Jew anfwered, "That he thought himself extremely happy to come off at so easy a rate, and that he was perfectly content." "But we are not content,' replied Sixtus, nor is there fufficient fatisfaction made to our laws. We defire to know what authority you have to lay fuch wagers? The fubjects of princes are the property of the state, and have no right to difpofe of their bodies, nor any part of them, without the exprefs confent of their fovereigns."

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They were both immediately fent to prifon, and the governor ordered to proceed against them with the utmoft feverity of the law, that others might be deterred by their example from laying any more fuch wagers. [The governor interceding for them, and propofing a fine of a thousand crowns each, Sixtus ordered him to condemn them both to death, the Jew for felling his life, by confenting to have a pound of flesh cut from his body, which he faid was direct fuicide, and the merchant for premeditated murder, in making a contract with the other that he knew must be the occafion of his death.]

As Secchi was of a very good family, having many great friends and relations, and the Jew one of the moft leading men in the fynagogue, they both had recourfe to petitions. Strong application was made to cardinal Montalto, to intercede with his holinefs at least to spare their lives. Sixtus, who did not really defign to put them to death, but to deter others from fuch practices, at laft confented to change the fentence into that of the galleys, with liberty to buy off that too, by paying each of them two thoufand crowns, to be applied to the ufe of the hofpital which he had lately founded, before they were released.

Life of Sixtus V. Fol. B. vii. p. 293, &c.
STEEVENS.

AS

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