Enter ROCHFORT and DU CROY.
SCENE I.-A Street before the Court of Justice. Enter CHARALOIS with a paper, ROMONT, and CHARMI. Char. Sir, I may move the court to serve your will;
But therein shall both wrong you and myself. Rom. Why think you so, sir?
Char. 'Cause I am familiar
With what will be their answer: they will say, 'Tis against law; and argue me of ignorance, For offering them the motion.
Rom. You know not, sir,
How, in this cause, they may dispense with law; And therefore frame not you their answer for them, But do your parts.
Char. I love the cause so well,
As I could run the hazard of a check for't. Rom. From whom?
Char. Some of the bench, that watch to give it, More than to do the office that they sit for:
Char. I shall deserve this better yet, in giving
My lord some counsel, if he please to hear it,
Than I shall do with pleading.
Rom. What may it be, sir?
Rom. Now, sir, lose not this offer'd means; their Fix'd on you with a pitying earnestness, Invite you to demand their furtherance To your good purpose:-this such a dullness, So foolish and untimely, as
Du Croy. You know him?
Roch. I do; and much lament the sudden fall Of his brave house. It is young Charalois, Son to the marshal, from whom he inherits His fame and virtues only.
Rom. Ha! they name you.
Du Croy. His father died in prison two days
Roch. Yes, to the shame of this ungrateful state;
Char. That it would please his lordship, as the That such a master in the art of war,
And counsellors of court come by, to stand Here, and but shew himself, and to some one Or two, make his request :-there is a minute, When a man's presence speaks in his own cause, More than the tongues of twenty advocates. Rom. I have urged that.
So noble, and so highly meriting From this forgetful country, should, for want Of means to satisfy his creditors
The sums he took up for the general good, Meet with an end so infamous.
Rom. Dare you ever Hope for like opportunity?
[They salute him as they pass by. Roch. My wish bring comfort to you! Du Croy. The time calls us. Roch. Good morrow, colonel!
[Exeunt RоCHFORT and DU CROY.
Rom. This obstinate spleen, You think, becomes your sorrow, and sorts well With your black suits; but, grant me wit or judgment,
And, by the freedom of an honest man,
And a true friend to boot, I swear 'tis shameful. And therefore flatter not yourself with hope, Your sable habit, with the hat and cloak,
No, though the ribands help, have power to work them
To what you would: for those that had no eyes To see the great acts of your father, will not, From any fashion sorrow can put on, Be taught to know their duties.
Charal. If they will not,
They are too old to learn, and I too young To give them counsel; since, if they partake The understanding and the hearts of men, They will prevent my words and tears: if not, What can persuasion, though made eloquent With grief, work upon such as have changed
With the most savage beast? Blest, blest be ever The memory of that happy age, when justice Had no guards to keep off wrong'd innocence From flying to her succours, and, in that, Assurance of redress! where now, Romont, The damn'd with more ease may ascend from hell, Than we arrive at her. One Cerberus there Forbids the passage, in our courts a thousand, As loud and fertile-headed; and the client That wants the sops to fill their ravenous throats, Must hope for no access: why should I, then, Attempt impossibilities; you, friend, being Too well acquainted with my dearth of means To make my entrance that way?
Rom. Would I were not!
But, sir, you have a cause, a cause so just, Of such necessity, not to be deferr'd, As would compel a maid, whose foot was never Set o'er her father's threshold, nor within The house where she was born, ever spake word Which was not usher'd with pure virgin blushes, To drown the tempest of a pleader's tongue, And force corruption to give back the hire It took against her. Let examples move you. You see men great in birth, esteem, and fortune, Rather than lose a scruple of their right, Fawn basely upon such, whose gowns put off, They would disdain for servants.
Charal. And to these
Can I become a suitor?
Rom. Without loss :
Would you consider, that, to gain their favours, Our chastest dames put off their modesties, Soldiers forget their honours, usurers Make sacrifice of gold, poets of wit,
And men religious part with fame and goodness. Be therefore won to use the means that may Advance your pious ends.
Charal. You shall o'ercome.
Rom. And you receive the glory. Pray you now practise.
That talks of nothing but of guns and armour, And swears he'll be a soldier; 'tis an humour I would divert him from; and I am told, That if I minister to him, in his drink, Powder made of this bankrupt marshal's bones, Provided that the carcass rot above ground, 'Twill cure his foolish frenzy.
Nov. sen. You shew in it
A father's care. I have a son myself, A fashionable gentleman, and a peaceful; And, but I am assured he's not so given, He should take of it too.
The worst of spirits, that strive to rob the tombs Of what is their inheritance, the dead : For usurers, bred by a riotous peace,
That hold the charter of your wealth and freedom By being knaves and cuckolds; that ne'er pray, But when you fear the rich heirs will grow wise, To keep their lands out of your parchment toils; And then, the devil your father's call'd upon, To invent some ways of luxury ne'er thought on. Be gone, and quickly, or I'll leave no room Upon your foreheads for your horns to sprout on- Without a murmur, or I will undo you; For I will beat you honest.
Rom. Think not so, sir:
The difficulties that you encounter with
Will crown the undertaking-heaven! you weep: And I could do so too, but that I know There's more expected from the son and friend Of him whose fatal loss now shakes our natures, Than sighs or tears, in which a village nurse, Or cunning strumpet, when her knave is hang'd, May overcome us. We are men, young lord, Let us not do like women. To the court, And there speak like your birth: wake sleeping Or dare the axe. This is a way will sort [justice, With what you are: I call you not to that I will shrink from myself; I will deserve Your thanks, or suffer with you-O how bravely That sudden fire of anger shews in you! Give fuel to it. Since you are on a shelf Of extreme danger, suffer like yourself.
SCENE II.-The Court of Justice.
Du Croy. Which is With honour to dispose the place and power
Of premier president, which this reverend man, Grave Rochfort, whom for honour's sake I name, Is purposed to resign; a place, my lords, In which he hath with such integrity Perform'd the first and best parts of a judge, That, as his life transcends all fair examples Of such as were before him in Dijon,
So it remains to those that shall succeed him, A precedent they may imitate, but not equal. Roch. I may not sit to hear this.
Du Croy. Let the love
And thankfulness we are bound to pay to goodness, In this o'ercome your modesty.
For this great favour shall prevent your trouble. The honourable trust that was imposed Upon my weakness, since you witness for me It was not ill discharged, I will not mention; Nor now, if age had not deprived me of The little strength I had to govern well The province that I undertook, forsake it. Nov. sen. That we could lend you of our years! Du Croy. Or strength!
Nov. sen. Or, as you are, persuade you to con- tinue
The noble exercise of your knowing judgment ! Roch. That may not be; nor can your lordships' goodness,
Since your employments have conferr'd upon me Sufficient wealth, deny the use of it:
And, though old age, when one foot's in the grave, In many, when all humours else are spent, Feeds no affection in them, but desire
To add height to the mountain of their riches, In me it is not so. I rest content With the honours and estate I now possess: And, that I may have liberty to use What heaven, still blessing my poor industry, Hath made me master of, I pray the court To ease me of my burthen, that I may Employ the small remainder of my life In living well, and learning how to die so.
Enter ROMONT and CHARALOIS.
Rom. See, sir, our advocate. Du Croy. The court entreats
Your lordship will be pleased to name the man, Which you would have your successor, and, in me, All promise to confirm it.
We come to offer to your lordships' censure,
Is in itself so noble, that it needs not
Or rhetoric in me that plead, or favour From your grave lordships, to determine of it; Since to the praise of your impartial justice (Which guilty, nay, condemn'd men, dare not It will erect a trophy of your mercy, [scandal) Which married to that justice-
The father of this young lord here, my client, Hath done his country great and faithful service, Might task me of impertinence, to repeat What your grave lordships cannot but remember. He, in his life, became indebted to
These thrifty men, (I will not wrong their credits, By giving them the attributes they now merit,) And failing, by the fortune of the wars,
Of means to free himself from his engagements, He was arrested, and, for want of bail, Imprison'd at their suit; and, not long after, With loss of liberty, ended his life.
And, though it be a maxim in our laws,
All suits die with the person, these men's malice In death finds matter for their hate to work on; Denying him the decent rites of burial,
Which the sworn enemies of the Christian faith Grant freely to their slaves. May it therefore please
Your lordships so to fashion your decree,
That, what their cruelty doth forbid, your pity May give allowance to.
Nov. sen. How long have you, sir, Practised in court?
Char. Some twenty years, my lord.
Nov. sen. By your gross ignorance, it should Not twenty days.
Char. I hope I have given no cause
Nov. sen. How dare you move the court To the dispensing with an act, confirm'd
By parliament, to the terror of all bankrupts ? Go home; and with more care peruse the statutes: Or the next motion, savouring of this boldness, May force you, sir, to leap, against your will, Over the place you plead at.
Rom. Why, does your lordship think the moving A cause more honest than this court had ever [of The honour to determine, can deserve
A check like this?
Nov. sen. Strange boldness!
Rom. 'Tis fit freedom:
Or, do you conclude an advocate cannot hold His credit with the judge, unless he study
His face more than the cause for which he pleads? Char. Forbear.
Rom. Or cannot you, that have the power
To qualify the rigour of the laws
When you are pleased, take a little from
The strictness of your sour decrees, enacted
In favour of the greedy creditors,
Against the o'erthrown debtor ?
Nov. sen. Sirrah! you that prate Thus saucily, what are you?
Rom. Why, I'll tell thee,
Thou purple-colour'd man! I am one to whom Thou ow'st the means thou hast of sitting there, A corrupt elder.
Nov. sen. Shall such an insolence pass unChar. Hear me.
[punish'd! Rom. Yet I, that, in my service done my country, Disdain to be put in the scale with thee, Confess myself unworthy to be valued With the least part, nay, hair of the dead marshal; Of whose so many glorious undertakings, Make choice of any one, and that the meanest, Perform'd against the subtle fox of France, The politic Louis, or the more desperate Swiss, And 'twill outweigh all the good purposes, Though put in act, that ever gownman practised. Nov. sen. Away with him to prison. Rom. If that curses,
Urged justly, and breath'd forth so, ever fell On those that did deserve them, let not mine Be spent in vain now, that thou from this instant Mayst, in thy fear that they will fall upon thee, Be sensible of the plagues they shall bring with And for denying of a little earth [them.
To cover what remains of our great soldier, May all your wives prove whores, your factors
And, while you live, your riotous heirs undo you! And thou, the patron of their cruelty,
Of all thy lordships live not to be owner Of so much dung as will conceal a dog, Or, what is worse, thyself in ! And thy years, To th' end thou mayst be wretched, I wish many; And, as thou hast denied the dead a grave, May misery in thy life make thee desire one, Which men and all the elements keep from thee! -I have begun well; imitate, exceed.
[Aside to CHARALOIS. Roch. Good counsel, were it a praiseworthy [Exeunt Officers with ROMONT. Du Croy. Remember what we are. Charal. Thus low my duty
Answers your lordship's counsel. I will use, In the few words with which I am to trouble Your lordship's ears, the temper that you wish me; Not that I fear to speak my thoughts as loud, And with a liberty beyond Romont; But that I know, for me, that am made up Of all that's wretched, so to haste my end, Would seem to most rather a willingness To quit the burthen of a hopeless life, Than scorn of death, or duty to the dead. I, therefore, bring the tribute of my praise To your severity, and commend the justice That will not, for the many services That any man hath done the commonwealth, Wink at his least of ills. What though my father Writ man before he was so, and confirm'd it, By numbering that day no part of his life, In which he did not service to his country; Was he to be free, therefore, from the laws And ceremonious form in your decrees! Or else, because he did as much as man, In those three memorable overthrows At Granson, Morat, Nancy, where his master, The warlike Charalois, (with whose misfortunes I bear his name,) lost treasure, men, and life, To be excused from payment of those sums Which (his own patrimony spent) his zeal To serve his country forced him to take up! Nov. sen. The precedent were ill. Charal. And yet, my lord, this much,
I know, you'll grant; after those great defeatures, Which in their dreadful ruins buried quick
Courage and hope in all men but himself, He forced the proud foe, in his height of conquest, To yield unto an honourable peace; And in it saved an hundred thousand lives, To end his own, that was sure proof against The scalding summer's heat, and winter's frost, Ill airs, the cannon, and the enemy's sword, In a most loathsome prison.
Du Croy. 'Twas his fault
To be so prodigal.
Nov. sen. He had from the state Sufficient entertainment for the army.
Charal. Sufficient, my lords! You sit at home, And, though your fees are boundless at the bar, Are thrifty in the charges of the war
But your wills be obey'd.
To these soft-hearted men, that wisely know They're only good men that pay what they owe. 2 Cred. And so they are.
1 Cred. It is the city doctrine: We stand bound to maintain it.
Charal. Be constant in it;
And since you are as merciless in your natures, As base and mercenary in your means
By which you get your wealth, I will not urge The court to take away one scruple from
The right of their laws, or [wish] one good thought In you, to mend your disposition with.
I know there is no music to your ears So pleasing as the groans of men in prison; And that the tears of widows, and the cries Of famish'd orphans, are the feasts that take you. That to be in your danger, with more care Should be avoided than infectious air, The loath'd embraces of diseased women, A flatterer's poison, or the loss of honour.- Yet rather than my father's reverend dust Shall want a place in that fair monument, In which our noble ancestors lie intomb'd, Before the court I offer up myself
A prisoner for it. Load me with those irons That have worn out his life; in my best strength I'll run to the encounter of cold, hunger,
And choose my dwelling where no sun dares enter, So he may be released.
1 Cred. What mean you, sir?
2 Advo. Only your fee again: there's so much said
Already in this cause, and said so well,
That, should I only offer to speak in it,
I should be or not heard, or laugh'd at for it.
1 Cred. 'Tis the first money advocate e'er gave
Though he said nothing.
Roch. Be advised, young lord,
And well considerate; you throw away Your liberty and joys of life together: Your bounty is employ'd upon a subject
That is not sensible of it, with which wise man Never abused his goodness. The great virtues Of your dead father vindicate themselves
From these men's malice, and break ope the prison, Though it contain his body.
Nov. sen. Let him alone:
If he love cords, in God's name let him wear them; Provided these consent.
Charal. I hope they are not
So ignorant in any way of profit,
As to neglect a possibility
To get their own, by seeking it from that
Which can return them nothing but ill fame, And curses, for their barbarous cruelties.
3 Cred. What think you of the offer?
1 Cred. Accept it by all means. Let's shut him up:
He is well shaped, and has a villainous tongue, And, should he study that way of revenge, As I dare almost swear he loves a wench,
We have no wives, nor never shall get daughters, That will hold out against him. Du Croy. What's your answer? 2 Cred. Speak you for all.
1 Cred. Why, let our executions That lie upon the father, be returned Upon the son, and we release the body. Nov. sen. The court must grant you that. Charal. I thank your lordships.
They have in it confirm'd on me such glory As no time can take from me: I am ready, Come, lead me where you please. Captivity, That comes with honour, is true liberty.
[Exeunt CHARALOIS, CHARMI, Officers, and Creditors. Nov. sen. Strange rashness !
Roch. A brave resolution rather, Worthy a better fortune: but, however, It is not now to be disputed; therefore To my own cause. Already I have found Your lordships bountiful in your favours to me, And that should teach my modesty to end here, And press your loves no further.
Du Croy. There is nothing
The court can grant, but with assurance you May ask it, and obtain it.
Roch. You encourage
A bold petitioner, and 'tis not fit
Your favours should be lost: besides, 't'as been A custom many years, at the surrendering The place I now give up, to grant the president One boon, that parted with it: and, to confirm Your grace towards me, against all such as may Detract my actions and life hereafter, I now prefer it to you.
Du Croy. Speak it freely.
Roch. I then desire the liberty of Romont, And that my lord Novall, whose private wrong Was equal to the injury that was done
To the dignity of the court, will pardon it, And now sign his enlargement.
Nov. sen. Pray you demand
The moiety of my estate, or any thing Within my power, but this.
Roch. Am I denied then
My first and last request?
Du Croy. It must not be.
2 Pre. I have a voice to give in it.
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