l doyng, should deserve either praise
or blame: Of whiche thynges it were convenient, to observe the greater
parte. Nor I thinke not good to kepe secrete, one maner of punishmente
of theim observed, whiche was, that so sone as the offendour, was before
the Tribune, or Consulle convicted, he was of the same lightely stroken
with a rodde: after the whiche strikyng, it was lawfull for the
offendour to flie, and to all the Souldiours to kill hym: so that
straight waie, every man threwe at hym either stones, or dartes, or with
other weapons, stroke hym in soche wise, that he went but little waie a
live, and moste fewe escaped, and to those that so escaped, it was not
lawfull for them to retourne home, but with so many incommodities, and
soche greate shame and ignomie, that it should have ben moche better for
him to have died. This maner is seen to be almoste observed of the
Suizzers, who make the condempned to be put to death openly, of thother
souldiours, the whiche is well considered, and excellently dooen: for
that intendyng, that one be not a defendour of an evill doer, the
greateste reamedie that is founde, is to make hym punisher of thesame:
bicause otherwise, with other respecte he favoureth hym: where when he
hymself is made execucioner, with other desire, he desireth his
punishemente, then when the execucion commeth to an other. Therefore
mindyng, not to have one favored in his faulte of the people, a greate
remedie it is, to make that the people, maie have hym to judge. For the
greater proofe of this, thinsample of Manlius Capitolinus might be
brought, who being accused of the Scenate, was defended of the people,
so longe as thei were not Judge, but becommyng arbitratours in his
cause, thei condempned hym to death. This is then a waie to punishe,
without raisyng tumultes, and to make justise to be kepte: and for as
moche as to bridell armed menne, neither the feare of the Lawes, nor of
menne suffise not, the antiquitie joined thereunto the aucthoritie of
God: and therefore with moste greate Ceremonies, thei made their
souldiours to sweare, to kepe the discipline of warre, so that doyng
contrariewise, thei should not onely have to feare the Lawes, and menne,
but God: and thei used all diligence, to fill them with Religion.

[Sidenote: Women and idell games, were not suffered by the antiquitie,
to bee in their armies.]

BAPTISTE. Did the Romaines permitte, that women might bee in their
armies, or that there might be