XIV. That great Asturian hero, Pedro Menendez de Aviles governour of Florida, acted on various occasions, and in matters of the utmost importance, contrary to the orders that had been given him by the king. For each of these transgressions, according to the strict letter of the law, he deserved to be punished capitally. The king, and a king who was so zealous of his authority as Philip the second, pardoned them all; but not totally, for we may estimate as a partial punishment, his delaying so long to confer on him the rewards due to his signal merits, during which interval, that eminent man experienced not a few pinchings and inconveniences. The king acted clemently by proceeding in this manner; for it would have been unjust, cruel, and savage in many respects, if he had adhered to the letter of the law in punishing him. The state would have lost a most profitable subject, some signal merits would have gone unrewarded, and so ill judged a precedent, would have been productive of great disadvantages to the public, because other commanders, who might afterwards find themselves in circumstances where strictly obeying their orders would be attended with pernicious consequences, would obey them notwithstanding, for fear of the punishment. Even without the assistance of so bad a precedent, that dread, occasioned the ruin of the grand Armada, fitted out by the same king Philip for the chastisement of England. XV. I suppose, that Peter Menendez, having always been successful when he acted contrary to his orders, conduced much to excite, if it was not the sole cause of the king’s lenity and benevolence to him. But even the plea of this merit, was of no avail to that valiant youth the son of Manlius Torquatus, who after returning home victorious and crowned with laurels, was by order of his own father put to death, for having contrary to his orders, fought with, and defeated his enemies. This was acting with improper severity, for although the offence by the strict letter of the law, should have been punished capitally, the putting him to death was savage, cruel, inhuman, and barbarous. The ardour and fire of his youth, ought to have been admitted as a plea to mitigate his fault; but there was much more room for shewing lenity to him on account of the zeal he manifested for the public good, by taking the advantage of a favourable conjuncture, which it was impossible for the Consul to foresee when he gave him his orders, and thereby, doing so eminent a service to his country. But the ferocious and sour virtue of the obdurate Manlius, neither weighed circumstances, nor attended to, or was influenced by the dictates of morality; and thus, he unjustly deprived his country of the life and services of a youth, who gave the most promising hopes of his becoming one day a great commander.