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diff --git a/25612-8.txt b/25612-8.txt new file mode 100644 index 0000000..7a1dc04 --- /dev/null +++ b/25612-8.txt @@ -0,0 +1,3498 @@ +The Project Gutenberg EBook of The Art or Crafte of Rhetoryke, by Leonard Cox + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Art or Crafte of Rhetoryke + +Author: Leonard Cox + +Release Date: May 26, 2008 [EBook #25612] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE ART OR CRAFTE OF RHETORYKE *** + + + + +Produced by Greg Lindahl, Linda Cantoni, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by the Bibliothèque nationale de France (BnF/Gallica) at +http://gallica.bnf.fr) + + + + + + + + + +[Transcriber's Notes: + +About this book: _The Art or crafte of Rhetoryke_ was originally +published c. 1530; the second edition was published in 1532. It is +considered the first book on rhetoric in English. + +Typography: This e-book was transcribed from microfiche scans of the +1532 edition. The original line and paragraph breaks, hyphenation, +spelling, capitalization, and punctuation, including the use of a +spaced forward slash (/) for the comma, the use of u for v and vice +versa, and the use of i for j, have been preserved. All apparent +printer errors have also been preserved, and are listed at the end of +this document. + +The following alterations have been made: + +1. Long-s has been regularized as s. + +2. The paragraph symbol, resembling a C in the original, is rendered +as ¶. + +3. Superscript letters are preceded by ^. + +4. Missing hyphens have been added in brackets, e.g. [-]. + +5. A decorative capital followed by a capital letter is represented +here as two capital letters, e.g. COnsyderynge. + +6. Abbreviations and contractions represented as special characters in +the original have been expanded as noted in the table below. A +"macron" means a horizontal line over a letter. A "cursive semicolon" +is an old-style semicolon somewhat resembling a handwritten z. +"Supralinear" means directly over a letter. "Superscript" means raised +and next to a letter. The "y" referred to below is an Early Modern +English form of the Anglo-Saxon thorn character, representing "th," +but identical in appearance to the letter "y." + +Original Expansion + +&c with macron &c[etera] +q with cursive semicolon q[ue] +superscript closed curve [us] +long final s [e]s +crossed p p[er] or p[ar] +p with looped downstroke p[ro] +p with macron p[re] +vowel with macron vowel[m] or vowel[n] +consonant with supralinear upward curve consonant[er] +w with supralinear t w[i]t[h] +y with superscript e y^e (i.e., the) +y with superscript t y^t (i.e., that) +y with macron y[at] (i.e., that) +y with supralinear u y[o]u (i.e., thou) + +Greek: Phrases in ancient Greek are transliterated in brackets, e.g., +[Greek: outos esti]. + +Pagination: This book was printed as an octavo volume, and was +paginated using a recto-verso scheme. In octavo printing, the printer +uses large sheets of paper folded and cut into eight leaves each, +creating 16 pages. The front of each leaf is the recto page (the +right-hand page in a book); the back of each leaf is the verso page +(the left-hand page in a book). For this book, the printer apparently +used six sheets, lettered A through F, and each leaf is numbered with +a lower-case Roman numeral, i through viii. Thus, for example, the +first leaf (i) from the second sheet (B) is numbered B.i. + +In the original, page numbers are printed only on the recto side of +each leaf, and are not printed at all after the fourth or fifth recto +page of each sheet, until the first leaf of the next sheet. For the +reader's convenience, all pages in this e-book, even those without a +printed number in the original, have been numbered in brackets +according to the original format, with the addition of "r" for recto +and "v" for verso. Pages A.i.v and F.viii.r are blank and are not +numbered in this e-book. + +Sources consulted: This e-book was prepared from microfiche scans of +the 1532 edition, which can be viewed at the Bibliothèque nationale de +France (BnF/Gallica) website at http://gallica.bnf.fr. The uneven +quality of the scans, and the blackletter font in the original, made +the scans difficult to read in some places. To ensure accuracy, the +transcriber has consulted the following sources: + +1. The 2004 electronic transcription by Robert N. Gaines, available in +SGML format from the Arts and Humanities Data Service, +http://ahds.ac.uk. The typography notes above are based in part on the +notes to that transcription. + +2. The 1899 reprint edited and annotated by Frederick Ives Carpenter +(University of Chicago Press; facsimile reprint by AMS Press, 1973).] + + + + +[A.i.r] + +¶ The Art +or crafte of +Rheto- +ryke. + +1532 + + + + +[A.ii.r] + +¶ To the reuerende father in god +& his singuler good lorde / the lorde Hugh +Faryngton Abbot of Redynge / his pore +client and perpetuall seruaunt Leonarde +Cockes desyreth longe & prosperouse lyfe +with encreace of honour. + +COnsiderynge my spe[-] +ciall good lorde how great[-] +ly and how many ways I +am bounden to your lord- +shyp / and among all other +that in so great a nombre +of counynge men whiche are now within +this region it hath pleased your goodnes +to accepte me as worthy for to haue the +charge of the instruction & bryngynge vp +of suche youth as resorteth to your gra- +mer schole / fou[n]ded by your antecessours in +this your towne of Redynge / I studied a +longe space what thyng I myght do next +the busy & diligent occupienge of my selfe +in your sayd seruyce / to the whiche bothe +conscience and your stipende doth straytly +bynde me / that myght be a significacion +of my faithfull and seruysable hart which +I owe to your lordeshyp / & agayne a long +memory bothe of your singuler and bene- +[A.ii.v] ficiall fauour towarde me: and of myn in- +dustry and diligence employed in your ser- +uyce to some profite: or at the leest way to +some delectacion of the inhabitauntes of +this noble realme now flouryshynge vn- +der the most excellent & victorious prynce +our souerain Lorde kyng Henry the .viii. + +¶ And whan I had thus long prepensed +in my mynde what thynge I myght best +chose out: non offred it selfe more conue- +nyent to the profyte of yonge studentes +(which your good lordshyp hath alwayes +tenderly fauoured) and also meter to my +p[ro]fession: than to make som proper werke +of the right pleasaunt and persuadible art +of Rhetorique / whiche as it is very neces- +sary to all suche as wyll either be Aduoca[-] +tes and Proctours in the law: or els apte +to be sent in theyr Prynces Ambassades / +or to be techers of goddes worde in suche +maner as may be moost sensible & accepte +to theyr audience / and finally to all them +hauynge any thyng to purpose or to speke +afore any companye (what someuer they +be) So contraryly I se no science that is +lesse taught & declared to Scolers / which +ought chiefly after the knowlege of Gra- +mer ones had to be instructe in this facul[-] +tie / without the whiche oftentymes the +[A.iii.r] rude vtteraunce of the Aduocate greatly +hindereth and apeyreth his clie[n]tes cause. +Likewise the vnapt disposicion of the pre- +cher (in orderyng his mater) confoundeth +the memory of his herers / and briefly in +declarynge of maters: for lacke of inuen- +cion and order with due elocucion: great +tediousnes is engendred to the multitude +beyng present / by occasion wherof the spe[-] +ker is many tymes ere he haue ended his +tale: either left almost aloon to his no li- +tle confusio[n]: or els (which is a lyke rebuke +to hym) the audience falleth for werynes +of his ineloquent language fast on slepe. + +¶ Wyllynge therfore for my parte to help +suche as are desirouse of this Arte (as all +surely ought to be which entende to be re- +garded in any comynaltie) I haue parte- +ly translated out a werke of Rhetorique +wryten in the Latin tongue: and partely +compyled of myn owne: and so made a ly- +tle treatyse in maner of an Introductyon +into this aforesayd Science: and that in +our Englysshe tongue. Remembrynge +that euery good thyng (after the sayeng[e]s +of the Philosopher) the more comon it is: +the more better it is. And furthermore tru[-] +stynge therby to do som pleasure and ease +to suche as haue by negligence or els fals +[A.iii.v] persuacions be put to the lernyng of other +sciences or euer they haue attayned any +meane knowlege of the Latin tongue. + +¶ whiche my sayd labour I humbly offre +to your good Lordeshyp / as to the chyefe +maintener & nouryssher of my study / be- +sechynge you / thoughe it be ferre within +your merites done to me / to accepte it as +the fyrst assay of my pore and simple wyt / +which yf it may fyrst please your Lord- +shyp / and nexte the reders / I trust by +the ayde of almyghty god to endyte +other werkes bothe in this facul- +ty and other to the laude of the +hygh godhed / of whome all +goodnes doth procede / and +to your Lordshyps plea- +sure / and to profyte +and delectacion of +the Reder. + + + + +[A.iiii.r] + +WHo someuer desyreth to be +a good Oratour or to dys- +pute and commune of any +maner thynge / hym beho- +ueth to haue foure thinges. + +¶ The fyrst is called In- +uencion / for he must fyrst of all imagin or +Inuent in his mynde what he shall say. + +¶ The seconde is named Iugement. For +he must haue wyt to deserne & iuge whe- +ther tho thynges that he hath founde in +his mynde be conuenient to the purpose +or nat. For ofte[n]tymes yf a man lacke this +property / he may aswell tell that that is +against hym as with hym / as experience +doth dayly shew. ¶ The thyrde is Dispo- +sicion / wherby he may know how to order +and set euery thynge in his due place / leest +thoughe his inuencion and iugement be +neuer so good / he may happen to be coun- +ted (as the comon prouerbe sayth) to put +the carte afore the horse. ¶ The fourth +& last is suche thynges as he hath inuen- +ted: and by Iugement knowen apte to his +purpose whan they are set in theyr order +so to speke them that it may be pleasaunt +and delectable to the audience / so that it +may be sayd of hym that hystories make +mencion that an olde woman sayd ones +[A.iiii.v] by Demosthenes / & syns hath ben a como[n] +prouerbe amonge the Grekes [Greek: outos esti] +which is as moche to say as (This is he) +And this last p[ro]perty is called among ler- +ned men ( Eloquence. ¶ Of these foure the +moost difficile or harde is to inuent what +thou must say / wherfore of this parte the +Rethoriciens whiche be maisters of this +Arte: haue writen very moche & dilige[n]tly. + +¶ Inuencion is comprehended in certayn +places / as the Rhetoriciens call them / out +of whom he that knoweth y^e faculty may +fetche easely suche thynges as be mete for +the mater that he shall speke of / which ma[-] +ter the Oratours calleth the Theme / and +in our vulgare tongue it is called impro- +perly the Anthethem. ¶ The theme pur- +posed: we must after the rules of Rheto- +rique go to our places that shall ano[n] shew +vnto vs what shall be to our purpose. + +¶ Example. + +IN olde tyme there was greate enuy +betwene two noble men of Rome / of +who[m] the one was called Milo / & the other +Clodius / which malice grew so ferre that +Clodius layd wayte for Milo on a season +whan he sholde ryde out of the Citie / and +in his iourney set vpon hym / and there as +[A.v.r] it chaunced: Clodius was slayne / where +vpon this Clodius frendes accused Milo +to the Cenate of murder. Tully whiche in +tho days was a great Aduocate in Rome +sholde plede Miloes cause. Now it was +open that Milo had slayne Clodius / but +whether he had slayn hym laufully or nat +was the doubte. So than the Theme of +Tullies oracio[n] or plee for Milo was this / +that he had slayne Clodius laufully / and +therfore he ought nat to be punisshed / for +the confirmacion wherof (as dothe appere +in Tullies oracion) he dyd brynge out of +places of Rhetoryque argumentes to p[ro]ue +his sayd Theme or purpose. And likewyse +must we do whan we haue any mater to +speke or comun of. As if I sholde make an +oracion to the laude & prayse of the Kyn- +ges highnes: I must for the Inuencyon +of suche thynges as be for my purpose go +to places of Rhetorique / where I shall +easely finde (after I know the rules) that +that I desyre. ¶ Here is to be noted that +there is no Theme but it is conteyned vn[-] +der one of the foure causes / or for the more +playnnes foure kyndes of Oracions. + +¶ The fyrste is called Logycall / whyche +kinde we call properly disputacio[n]. ¶ The +seconde is called Demonstratiue. ¶ The +[A.v.v] thyrde Deliberatiue. ¶ The fourth Iudi- +ciall / and these thre last be properly called +spices or kyndes of oracions / whose natu- +res shall be declared seperately hereafter +with the crafte that is required in euery of +them. All themes that perteine to Logike +either they be simple or compounde. As yf +a man desyre to know of me what Iustice +is. This onely thi[n]g Iustice is my theme. +Or if disputacion be had in company vpon +religion / and I wolde declare the very na- +ture of religion / my theme shulde be this +simple or one thynge religion. But yf it be +doubted whether Iustyce be a vertue or +nat / and I wolde proue the parte affyrma[-] +tyue / my theme were now compou[n]de / that +is to say / Iustice is a vertue / for it is made +of two thynges knyt and vnied togither / +Iustice and vertue. ¶ Here must be noted +that Logike is a playn & a sure way to in- +struct a ma[n] of the trouth of euery thynge / +& that in it the natures / causes / partes / & +effectes of thynges are by certayne rules +discussed & serched out / so that nothing can +be p[er]fectly & p[ro]perly knowe[n] but by rules of +Logike / which is nothing but an obserua[-] +cyon / or a dylygent markynge of nature. +whereby in euery thynge mannes reason +dothe consyder what is fyrste / what last / +[A.vi.r] what proper / what improper. + +¶ The places or instrumentes of a simple +theme are. + + The diffinicion of the thynge. + The causes. + The partes. + The effectes. + +¶ Exa[m]ple. If thou inquire what thi[n]g Iu[-] +stice is / whereof it cometh / what partes it +hath / & what is the office or effect of euery +parte / than hast thou dilige[n]tly serched out +the hole nature of Iustice / & handeled thy +simple theme accordyng to the precept[e]s of +Logicians / to whom our auctour leueth +suche mat[er]s to be discussed of the[m] / how beit +somwhat y^e Rhetoricia[n]s haue to do with +y^e simple theme / & asmoche as shall be for +theyr entent he wyll shew hereafter. For +many tymes the oratour must vse bothe +diffinicions & diuisions. But as they be in +Logike playne and compendiouse / so are +they in Rhetorike exte[n]ded & paynted with +many figures & ornament[e]s belongyng to +the science. Neuertheles to satisfie the re- +ders mynde / & to alleuiate the tediousnes +of serchynge these places / I wyll open the +maner and facion of the handelyng of the +theme aforsayd as playnly as I can / after +the preceptes of Logike. + +[A.vi.v] + +¶ First to serche out the perfite knowlege +of Iustice: I go to my fyrst place diffinici[-] +on / & fetche from Aristotle in his Ethik[e]s +the Diffinicion of Iustice / which is this. + +¶ Iustice is a morall vertue / wherby men +be the werkers of rightfull thynges (that +is to saye) whereby they bothe loue & also +do suche thynges as be iust. This done: I +serche the causes of Iustice (that is to say) +from whens it toke the fyrst begynnyng / +and by cause that it is a morall vertue: and +Plato in the ende of his Dialogue Meno[n] +concludeth that all vertue cometh of god: +I am assured that god is the chief cause of +Iustice: declaryng it to the worlde by his +Instrument ma[n]nes wyt / whiche the same +Plato affyrmeth in the begynnyng of his +lawes. The Diffinicion and cause had: I +come to the thyrde place called partes to +knowe whether there be but one kynde of +Iustice or els many. And for this purpose +I fynde that Arystotle in the fyfte of his +Ethikes deuideth Iustice in two speces or +kyndes. One y^t he calleth Iustice legiti- +me or legal / an other that he called Equi- +te. ¶ Iustice legall is that that consysteth +in the superiours whiche haue power for +to make or statute lawes to the i[n]feriours. +And the office or ende of this Iustice is to +[A.vii.r] make suche lawes as be bothe good and +accordynge to right and conscience / & tha[n] +to declare them / & whan they are made & +publisshed as they ought to be / to se that +they be put in vre / for what auaileth it to +make neuer so good lawes: yf they be nat +obserued and kept. ¶ And finally that the +maker of the lawe applye his hole studie & +mynde to the welthe of his subiectes and +to the comon profyte of them. The other +kynde of Iustice whiche men call Equitie +is whereby a man neyther taketh nor gy- +ueth lesse nor more than he ought / but in +gyuynge taketh good hede that euery ma[n] +haue accordynge as he deserueth. This +Equitie is agayne deuyded into Equitie +distributyue of comon thynges & Equitie +Commutatiue. By Equitie distributyue +is distributyd and giuen of comon goodes +to euery ma[n] accordyng to his deseruyng[e]s +and as he is worthy to haue. As to deuide +amonge suche as longe to the Chyrche of +the Chyrche goodes after the qualitie of +theyr merytes: and to them beynge Ciuil +persones of the comon treasour of the Ci- +tie accordynge as they are worthy. + +¶ In this parte is comprehended the pu- +nyshment of mysdoers and trangressours +of the lawe / to whome correccion must be +[A.vii.v] distributed for the comon welth according +to theyr demerites / after the prescripcions +of the lawes of the contrey / made & deter- +mined for the punisshment of any maner +of transgressour. ¶ Equity co[m]mutatiue is +a iust maner in the chaungynge of thyng[e]s +from one to another / whose offyce or effect +is to kepe iust dealynge in equytie / as by- +enge / sellynge / & all other bargaynes law- +full. And so are herewith the spices of Iu- +stice declared theyr offices / which was the +fourth & last place. + +¶ Our auctour also in a great worke that +he hath made vpon Rhetorike / declareth +the handelynge of a theme symple by the +same example of Iustice / addynge two pla[-] +ces mo / whiche are called affines and con- +traries on this maner. + +¶ What is Iustice? A vertue whereby to +euery thynge is gyuen that that to it be- +longeth. + +¶ What is the cause thereof? Mannes +wyll consentynge with lawes & maners. + +¶ How many kyndes? Two. + +¶ Whiche? Commutatiue & Distributiue / +for in two maners is our medlynge with +other men / eyther in thynges of our sub- +staunce & wares / or in gentyll and cyuyle +conuersacion. + +[A.viii.r] + +¶ what thynge is Iustice commutatiue? +Right and equitie in all contractes. + +¶ what is Iustice distributiue? Iustice of +ciuile lyuynge. + +¶ How manyfolde is Iustyce dystrybu- +tyue? Either it is comon or priuate. The +comon is called in latin Pietas / but in en- +glysshe it may be moost properly named +good order / which is the crowne of all ver[-] +tues conceruynge honest and ciuile con- +uersacyon of men togither / as the hedes +with the meane comonalty in good vnity +and concorde. ¶ Pryuate or seuerall Iu- +stice dystrybutyue is honest and amyable +frendeshyp & conuersacion of neighbours. + +¶ What are the offyces? To do for euery +man / ryche or pore / of what estate so euer +he be / and for our contrey / for our wyues / +chyldren / and frendes / that that ought to +be done for euery of them. + +¶ Affynes or vertues nigh to Iustice are +constancy / lyberalytie / temperaunce. + +Thynges contrary are fere / couetyse / pro- +dygalytie. + +¶ And this is the maner of handelynge +of a symple Theme dialectycall. But yet +let nat the reder deceyue hym selfe / and +thynke that the very perfyte knowlege is +shewyd hym all here. And that whiche +[A.viii.v] hath be[n] shewed now: is somwhat general +and briefe. ¶ More sure and exact know- +lege is conteined in Logike / to whome I +wyll aduise the[m] that be studiouse to resorte +& to fetche euery thynge in his owne pro- +per facultie. + + +¶ Of a Theme compounde. + +EUery Theme compounde: ey- +ther it is proued trewe or fals. +Now whether thou wylt p[ro]ue +or improue any thyng: it must +be done by argument. And yf +any Theme compounde: be it Logicall or +Rhetorycall / it must be referred to the +rules of Logike by the[m] to be proued trew +or fals. For this is the dyfference that is +betwene these two sciences / that the Lo- +gician in dysputynge obserueth certayne +rules for the settynge of his wordes being +solicitous that there be spoke[n] no more nor +no lesse than the thynge requyreth / & that +it be euin as plai[n]ly spoke[n] as it is thought. +But the Rhethorician seketh about & bo- +roweth where he can asmoche as he may +for to make the symple and playne Logi- +call argumentes gaye & delectable to the +eare. So than the sure iugement of argu- +[B.i.r] mentes or reasons must be lerned of the +logician / but the crafte to set the[m] out with +pleasaunt figures and to delate the mater +belongeth to the Rhetorician. As in Mi- +loes cause / of whome was made mencion +afore. ¶ A logician wolde briefly argue / +who so euer violently wyll slee an other / +may lawfully of the other be slayne in his +defence. Clodius wolde vyolently haue +slain Milo / wherfore Clodius might lau- +fully be slayne of Milo in Miloes owne +defence. And this argument the logicians +call a Sillogisme in Darii / whiche Tully +in his oracion extendeth that in foure or +fyue leues it is scant made an ende of / nor +no man can haue knowlege whether Tul- +lies argument that he maketh in his ora- +cyon for Milo / be a good argumente or +nat / and howe it holdeth / excepte he can +by Logyke reduce it to the perfecte and +briefe forme of a Sillogisme / takynge in +the meane season of the Rhetorycyans +what ornamentes haue ben cast to for to +lyght and augment the oracyon / and to +gyue it a maiestie. + +¶ The places out of whome are founde +argumentes for the prouynge or impro- +uynge of compounde Themes / are these +folowynge. + +[B.i.v] + + Diffinicion lyke + Cause contrary + Partes + +OF the places of argumen- +tes shall be spoken hereaf- +ter. For as touchynge the[m] +in all thynges the Rheto- +rician & Logician do agre. +But as concernynge the +crafte to fourme argumentes whan thou +hast fou[n]de them in theyr places / that must +be lerned of the Logician / where he trea- +teth of the fourme of sillogismes / enthime[-] +mes and inductions. + + +¶ Of an oracion demonstratiue. + +THe vse of an oracion demon- +stratiue is i[n] praise or dispraise / +whiche kynde or maner of ora- +cion was greatly vsed somtyme in comon +accions / as dothe declare the oracions of +Demosthenes / and also many of Thucidi- +des oracions. And there ben thre maners +of oracions demonstratiue. + +¶ The fyrst conteyneth the prayse or dys- +[B.ii.r] prayse of persones. As yf a man wolde +prayse the kynges hyghnes / or dysprayse +some yll persone / it must be done by an ora[-] +cion demonstratiue. The seconde kynde of +an oracion demonstratiue is: where in is +praysed or dyspraysed / nat the persone but +the dede. As if a thefe put hym selfe in ieo- +p[ar]dy for the safegarde of a true ma[n] / against +other theues and murderers / the p[er]son can +nat be praysed for his vicious lyuyng / but +yet the dede is worthy to be commended. +Or if one shulde speake of Peters denyeng +of Christ / he hath nothyng to disprayse y^e +person saue onely for this dede. The thyrd +kynde is: wherin is lauded or blamed no- +ther person nor dede / but some other thing +as vertue / vice / iustice / iniurie / charite / en- +uie / pacience / wrathe / and suche lyke. + + +¶ Partes of an Oracion. + +¶ The partes of an oracion prescribed of +Rhetoriciens are these. + +¶ The Preamble or exorden. +¶ The tale or narracion. +¶ The prouynge of the matter or conten- +cion. +¶ The conclusion. + +[B.ii.v] + +¶ Of the whiche partes mencyon shall be +made herafter in euery kynde of oracions / +for they are nat founde generally in euery +oracion / but some haue moo partes / and +some lesse. + + +¶ Of the Preamble. + +GEnerally the Preamble nat alonly +in an oracion demonstratiue / but al- +so in the other two is conteyned and +must be fetched out of thre places / that is +to say of beneuolence / attencion / & to make +the mater easy to be knowen / whiche the +Rhetoricians call Docilite. + +¶ Beneuolence is the place whereby the +herer is made willyng to here vs / and it is +conteyned in the thynge that we speke of / +in them whom we speke to / & in our owne +persone. The easyest and moost vsed place +of beneuolence consysteth in the offyce or +duety of the person / whan we shew that it +is our duety to do that we be about. + +¶ Out of this place is fet y^e p[re]a[m]ble of sai[n]t +Gregory Nazazene / made to the praise of +saynt Basyll / where he saith that it is his +his duety to prayse saynt Basyll for thre +causes. For the great loue and frendeshyp +that hath ben always betwene them / and +agayne for the remembrau[n]ce of the moost +[B.iii.r] fayre and excellent vertues that were in +hym / and thyrdely that the chyrch myght +haue an example of a good and holy Bys- +shop. ¶ Trewly by our authours lycence +me thynketh that in the preamble Naza- +zen doth nat only take beneuolence out of +the place of his owne persone / but also out +of the other two / wha[n] he sheweth the cause +of his duetye / for in praysynge his frende +he dyd but his duetye. In praysynge his +vertues / he cam to the place of beneuole[n]ce +of hym that he spake of / as touchyng the +example that the chyrche shulde haue / it +was for theyr profite / and concernyng the +place of beneuolence / taken of them that +he spake to. But our authour regarded +chiefly the principall proposicion / whiche +was that saynt Gregory Nazazene was +bounde to praise saint Basyll. + +¶ A lyke example of beneuolence taken +out of the place of office or dutie / is in the +oracyon that Tully made for the Poete +Archias / whiche begynneth thus. + +MY lordes that be here iuges / yf there +be in me any wyt / whiche I knowe +is but small / or yf I haue any crafty vse of +makynge an oracion / wherein I denie nat +but y^t I haue metely excercysed my selfe / +or yf any helpe to that science cometh out +[B.iii.v] of other lyberall artes / in whome I haue +occupied al my lyfe / surely I am bou[n]de to +no man more for them than to Archias / +whiche may lawfully if I may do any ma[n] +any profite by them / chalenge a chiefe por[-] +cion for hym therin. + +¶ Out of this place dyd this same Tully +fetche the begynnyng of his fyrste epistle / +in whome he wrytethe to one Lentule on +this maner: I do so my deutie in al poyn- +tes towarde you / and so great is the loue +and reuerence that I bere vnto you that +all other men say that I can do no more / +and yet me semeth that I haue neuer don +that that I am bounde to do / eyther to +you or in your cause. + +¶ We may also get beneuolence by reason +of them / whome we make our oracion of: +As yf we saye that we can neuer prayse +hym to hyghly / but y^t he is worthy moch +more laude and prayse. And so taketh sai[n]t +Nazianzene beneuolence in his sayd ora- +cion for sainct Basile. + +¶ Also of them afore whome we speke / as +if we say / it is for theyr profyte to laude or +prayse the p[er]son. And that we knowe very +wel howe moche they haue alwayes loued +[B.iiii.r] hym / and that he ought therfore to be prai[-] +sed the more for theyr sakes. The maner +is also to get vs beneuolence in the preface +of our oracion / by pynchyng and blamyng +of our aduersarie. As doth Tullie in the o- +racion that he made for one Aulus Cecin- +na / wherin he begynneth his proeme thus +If temerite and lake of shame coulde as +moche preuayle in plees afore the iustices / +as doth audacite and temerarious bolde- +nesse in the feldes and deserte places / there +were no remedie but euen so muste Aulus +Cecinna be ouercome in this matter by +Sextus Ebucius impudence / as he was +in the felde ouercome by his insidious au- +dacite. And these be the co[m]mune formes of +beneuolence. + +¶ A man may also fetche his proeme out +of the nature of the place wher he speketh / +as Tullie dothe in the oracion made for +Pompeius for the sendynge of hym into +Asie agaynst kynge Mithridates of Pon- +tus / and kynge Tigraues of Armenie on +this maner: howe be it my lordes and mai[-] +sters of this noble citie of Rome / I haue al +tymes thought it a synguler reioyse to me +if I myght ones se you gadred to gyther +in a co[m]pany / to here some publique oracion +[B.iiii.v] of myne / and agayne I iuged no place to +be so ample and so honourable to speke in +as this is. &c[etera]. + +¶ Or he may begyn at the nature of the +tyme that is than / or at som other cyrcum[-] +staunce of his mater / as Tully taketh the +begynnynge of his oracion for Celius at +the tyme / this wise. + +¶ If so be it my lordes iuges any ma[n] be +now present here that is ignora[n]t of your +lawes / of your processe in iugement[e]s / and +of your customes / surely he may well mar[-] +uell what so heynous a mater this shulde +be / that it onely shulde be syt vppon in an +hygh feest daye / whan all the comonaltye +after theyr olde custome are gyuen to the +sight of playes / ordeined after a perpetual +vsage for the nones for them / all maters +of the law laid for the tyme vtterly a part. + +¶ He began also an other oracion for one +Sext[us] Roscius / out of the daunger of the +season that he spake in. + +¶ One may besyde these vse other maner +of prohemes / whiche by cause they are nat +set out of the very mater it selfe / or els the +circumstaunces / as in these aforsayd they +are called peregrine or strau[n]ge prohemes. +And they be taken out of se[n]tences / sole[m]pne +peticions / maners or customes / lawes / sta[-] +[B.v.r] tutes of nacyons & contreys. And on this +maner dothe Aristides begyn his oracion +made to the praise of Rome. + +¶ Demosthenes in his oracyon made a- +gainst Eschines / toke his preface out of a +solempne peticion / besechynge the goddes +that he might haue as good fauour in y^t +cause / as he had fou[n]de in all other maters +y^t he had done afore for the comon welth. + +¶ In like maner beginneth Tully the ora[-] +cion that he made for one Murena / & also +the oracyon that he made vnto the Ro- +maynes after his retourne from exyle. + +¶ He begynneth also an other oracyon / +whiche he made as touchynge a lawe de- +creed for the diuision of feldes amonge the +comunes out of a custome amonge them / +on this wyse. + +¶ The maner and custome of our olde fa- +ders of Rome hath ben. &c. And this is the +maner of prefaces in any oracion / whiche +is also obserued in the making of epistles / +how beit there is farre lesse crafte in them +than is in an oracyon. + +¶ There is yet an other fourme & maner +to begyn by insinuacion / wherfore it beho[-] +ueth to know that insinuacion is / wha[n] in +the begynnyng / yf the mater seme nat lau[-] +dable or honest / we find an excuse therfore. + +[B.v.v] + +¶ Example / Homere in his Iliade des- +cribeth one Thersites / that he was moost +foule and euyll fauored of all the Grekes +that came to the batayle of Troye / for he +was both gogle eyed / and lame on the one +legge / with croked and pynched shulders / +and a longe pyked hede / balde in very ma- +ny places. And besyde these fautes he was +a great folysshe babler / and ryght foule +mouthed / and ful of debate and stryfe / car- +rynge alwayes agaynste the heddes and +wyse men of the armye. + +¶ Nowe if one wolde take vpon hym to +make an oracio[n] to the prayse of this losel / +whiche mater is of litle honesty in it selfe / +he must vse in stede of a preface an insinu- +acion. That what thynge poetes or com- +mune fame doth eyther prayse or dispraise +ought nat to be gyuen credence to / but ra- +ther to be suspecte. For ones it is the na- +ture of poetes to fayne and lye / as bothe +Homere and Virgile / which are the prin- +ces and heddes of al poetes to witnesse the[m] +selfe. Of whome Homere sayth / that poe- +tes make many lies / and Virgile he saith: +The moost part of the sene is but deceyte. +[B.vi.r] Poetes haue sene blake soules vnder the +erthe / poetes haue fayned and made many +lyes of the pale kyngdome of Plato / and +of the water of Stigie / and of dogges in +hell. And agayne co[m]mune rumours howe +often they ben vayne / it is so open that it +nede nat to be declared. Wherfore his trust +is that the hearers wyll more regarde his +saynge than fayned fables of poetes / and +fleyng tales of lyght folkes / whiche ar for +the more parte the grounders of fame & +rumours. + +¶ An example may be fet out of the decla- +macion that Erasmus made to the prayse +of folysshenes. + +¶ An other example hath the same Eras- +mus in his second booke of Copia / which +is this: Plato in the fyfte dialogue of his +communaltie wyllethe that no man shall +haue no wyfe of his owne / but that euery +woman shalbe commune to euery man. If +any man than wolde eyther prayse or de- +fende this mynde of Plato / which is both +contrarie to Christes religion and to the +commune lyuynge of me[n] / he myght as E- +rasmus teacheth / begynne thus. + +[B.vi.v] + +¶ I knowe very well that this mater +whiche I haue determyned to speke of / +wyll seme vnto you at the fyrste herynge / +nat onely very straunge / but also right ab- +hominable. But that nat withstandynge / +yf it wyll please you a litle while to deferre +you iugement tyll ye haue herde the su[m]me +of suche reasons as I wyll brynge forthe +in the cause / I doubte nothynge but that +I shall make the trouthe so euydent that +you all will with one assent approue it / & +knowlege that ye haue ben hitherto mar- +uelously deceyued in your oppynyon / and +somdele to alleuiate your myndes / ye shall +vnderstande that I am nat my selfe au- +thour of the thynge / but it is the mynde & +saynge of the excellent & moost highly na- +med philosopher Plato / whiche was vn- +doubted so famouse a clerke / so discrete a +man / and soo vertuouse in all his dedes / +that ye may be sure he wold speke nothi[n]g +but it were on a right perfyte ground / and +that the thynge were of it selfe very expe- +dient / thoughe peraduenture it shewe ferre +otherwise at the fyrst herynge. + +¶ In all prefaces of preambles must be +good heed taken that they be nat to ferre +fet / nor to longe. + +¶ These affectuouse wordes / I reioyce / I +[B.vii.r] am sorye / I meruaile / I am glad for your +sake / I desire / I fere / I pray god / and such +other lyke / be very apte for a preface. + + +¶ Of the seconde place of a +preface / called Attencion. + +THe herers shall be made +attent or diligent to giue +audience / yf the oratour +make promyse y^t he will +shew them new thynges / +or els necessary or profita[-] +ble / or yf he say y^t it is an +harde mater that he hath in handelynge / +or els obscure & nat easy to be vndersta[n]d / +except they gyue right good attendaunce. + +¶ wherfore it is expedyent that yf they +wyll haue the percepcion of it / that they +gyue a good eare. But as concernyng the +newnesse or profyte of the mater / it ma- +keth nat all onely y^e herer to gyue a good +ere (which thynge is called attencion) but +also maketh hym well wyllynge for to be +present / whiche is beneuolence. + + +¶ Docilite. + +DOcilite whereby we make the +mater playne & easy to be per- +ceyued / is nat greatly required +in this kynde of oracion / for it +is belonging properly to derke +[B.vii.v] and obscure causes / in whiche we must p[ro]- +myse that we wyl nat vse great ambages / +or to go (as me[n] say) rou[n]de about the bussh / +but to be short and playne. + + +¶ Of narracion whiche is the se- +conde p[ar]te of an oracion. + +¶ The Narracion or tale wherin p[er]sones +are praysed / is the declaryng of theyr lyfe +& doynges after the fasshion of an historie. +The places out of the whiche it is sought +are: The persones byrthe. His chyldhode. +His adolescencie. His mannes state. His +old age. His dethe and what +foloweth after. + +IN his byrthe is consydered of +what stocke he came / what chau[n][-] +sed at the tyme of his natiuite or +nighe vpon / as in the natiuite of +Christe shepeherdes hard angelles synge. + +¶ In his chyldhode are marked his +bryngynge vp and tokens of wysdome co[m]- +mynge: As Horace in his fourthe Satire +sheweth / how in his chyldhode his father +taught hym by examples of suche as were +than lyuynge to flee from vice and to gyue +hym selfe to vertue. + +¶ In adolescencie is considered where to +[B.viii.r] he than gyuethe hym selfe; As in the +fyrst comedie of Tere[n]ce one Simo telleth +his seruau[n]t Sosia / that though all yonge +men for the more parte gyue them selfe to +some peculiare thynge / wherin they sette +theyr chiefe delyght / as some to haue goo- +dely horses / some to cherysshe houndes for +huntyng / & some are gyuen onely to theyr +bookes / his sone Pa[m]philus loued none of +these more one tha[n] an other / and yet in al +these he exercised hym selfe mesurably. + +¶ In mannes state and olde age is noted +what office or rule he bare among his citi- +sens / or in his co[n]trey / what actes he dyd / +how he gouerned suche as were vnd[er] him / +howe he p[ro]spered / & what fortune he had in +suche thyng[e]s as he went about. Example +here of is in Saluste / whiche co[m]pareth to[-] +gether Cato and Cesar / sayng that both +theyr stocke / age & eloque[n]ce / were almoost +lyke & egall / theyr excelle[n]cie & greatnes of +spirite & wytte was also lyke & egal / & lyke +fame & worshyppe had they both attayned +howe be it nat by a lyke waye. Cesar was +had i[n] great estimacion for his benefites & +& liberalite. Cato had gotte[n] hi[m] a name for +his p[er]fight & vpright lyuynge. Cesar was +praysed for his gentilnes and pitie. Cato +was honored for his ernestnes and surete. + +[B.viii.v] + +¶ The tother wanne moche bruyt by gy[-] +uynge large gyftes / by helpynge suche as +were in dystresse / and by forgyuyng of tres[-] +passes done agaynste hym. Catons fame +dyd sprede because he wold neither be for- +gyuen of none offence / neither forgiue non +other / but as any man had deserued / so to +cause him to be delt with. In the one was +great refuge to suche as were in mysery: +In the other was sore punisshment & per- +nicion to mysdoers & euyll transgressours +of the law. Briefly to conclude it was all +Ceazars mynde and pleasure to labour di- +ligently night and day in his frendes cau[-] +ses / to care lesse for his owne busynes tha[n] +for theyrs / to deny nothing that was wor[-] +thy to be asked / his desyre was euermore +to be in warre / to haue a great hoost of me[n] +vnder his gouernaunce / that by his noble +and hardy faictes his valyantnes myght +be the more knowen and spred abrood. + +Co[n]traryly all Catons study was on tem[-] +perau[n]ce / and to do in no maner otherwyse +than was conuenient & fyttynge for suche +a man as he was / and chiefly he sette his +mynde to seueryty / he neuer made no com[-] +parison with the riche man in richesse / nor +with the myghty man in power. But yf +nede required / with the hardy ma[n] in bold- +[C.i.r] nes / with the temperate in moderacion / +with the good man in innocency & iust dea[-] +ling. He cared not for the name / it was suf- +ficie[n]t to hym to haue the dede / & so / the lesse +he cared for glorye / the more alwayes he +opteyned. Many suche comparisons ve- +ry profitable for this inte[n]t / are also in Plu[-] +tarche in his boke of noble mennes lyues. + +¶ A goodly ensa[m]ple of this place is in the +oracion that Hermola[us] Barbarus made +to the emperour Frederike and Maximi- +lian his son / which for bicause it is so long +I let it passe. ¶ A like ensample is in Tul- +lies oracion / that he made to the people of +Rome for Pompeyus / to be sente agaynst +Mithridates. + +¶ Some there be that deuide the landes +of persones into thre kindes of goodes / be- +gynnynge the narracion at them / whiche +thynge our author doth nat greatly com- +mende / but rather in rehersyng of any per[-] +sones dedes / yf there can nat be kept an or- +der of historie / and many thynges must be +spoken. It were after his mynde best to +touche fyrst his actes done by prudence / & +next by iustice / thirdely by fortitude of the +mynde / and last by temperaunce / and so to +gather the narracion out of this foure car- +dinall vertues. As if one shuld praise saint +[C.i.v] Austen / after that he hath spoken of his pa[-] +rentele and bryngynge vp in youthe / and +is come to the rehersale of his actes / they +may be conueniently distributed into the +places of vertues. On this maner did Tul[-] +ly prayse Pompey. + +¶ I suppose (sayeth he) that in hym that +shulde be a hed capitayne ouer a great ar- +my / ought to be foure thynges. Knowlege +of werre / valiantnes / auctoritie / & felicitie. + +¶ Here is to be noted that in rehersynge +any persons actes / we may haue our chief +respecte to some peculiare and principall +vertue in hym / enlargynge and exaltynge +it by amplificacio[n] in maner of a digressio[n]. + +¶ Our author in this worke maketh no +mencyon of the last place that is dethe +and suche thynges as folowe after / but in +an other greater work he declareth it thus +briefly. ¶ The dethe of the persone hathe +also his praises / as of suche whiche haue +ben slayne for the defence of theyr contrey +or prince. + +¶ A very goodly ensample for the hande- +lynge of this place is in an epistle that An[-] +gele Policiane writeth in his fourth boke +of epistels to Iames Antiquarie of Lau- +rence Medices / howe wysely and deuout- +ly he dysposed hym selfe in his dethe bed / +[C.ii.r] and of his departynge / and what chann[-] +ced at that tyme. + +¶ And so to conclude an oracion Demon- +stratiue / wherein persones are lauded / is +an historycall exposicion of all his lyfe in +order. And there is no difference betwene +this kynde and an history / saue that in hi- +stories we be more briefe and vse lesse curi- +ositie. Here all thynges be augme[n]ted and +coloured with as moche ornamentes of +eloquence as can be had. + +¶ Confirmacion of our purpose / and con- +futynge or reprouynge of the contrarye / +whiche are the partes of contencion / are +nat requisite in this kynde of oracion / for +here are nat treated any doubtefull ma- +ters / to whome contencion perteineth. + +Neuer the lesse / somtyme it happeneth +(how beit it is seldome) that a doubte may +come / which must be either defended / or at +the leest excused. + +¶ Example. + +THe frenche men in olde tyme +made myghty warre agaynste +the Romaynes / and so sore be- +sieged theym that they were by compul- +cion constrayned to fall to composicion +[C.ii.v] with the frenche men for an huge summe +of golde / to be payed to theym for the bre- +kynge of the siege / but beynge in this ex- +treme misery / they sent for one Camillus / +whome nat very longe afore they had ba- +nisshed out of the citie / and in his absence +made hym dictatour / which was the chie- +fest dignitie amonge the Romaynes / and +of so greate auctoritie / that for the space of +thre monethes / for so long dured the office +moost co[n]ueniently / he might do all thyng +at his pleasure / whether it concerned deth +or no / nor no ma[n] so hardy ones to say nay +against any thyng that he dyd / so that for +the space he was as a kynge / hauynge all +in his owne mere power. Now it chau[n]ced +that while this summe was in payenge / & +nat fully wayed / Camillus of whome I +said afore / that being in exile he was made +dictatour / came with an army / and anone +bad cease of the payment / & that eche par- +ty shulde make redy to bataile / and so he +vainquisshed the frenche men. + +¶ Now yf one shulde praise hym of his no[-] +ble faites / it shuld seme that this was done +contrary to the law of armes / to defait the +frenche men of the raumsom due to them / +syns the compacte was made afore / wher- +fore it is necessary for the oratour to defe[n]de +[C.iii.r] this dede / & to proue that he did nothynge +contrary to equitie. For the whiche pur- +pose he hathe two places. One apparent / +whiche is a comon sayenge vsurped of the +poete. _Dolus au virtus quis in hoste requirat._ +That is to say / who will serche whether y^e +dede of enemy against enemy be either gile +or pure valiantnes? But for that in warre +law is as well to be kept as in other thin- +ges. This sayeng is but of a feble grou[n]de. +The other is of a more stronge assurau[n]ce / +whiche Titus Liuius writeth in his fyfte +boke from the buildynge of Rome / where +he reherceth this history now mencioned / +and that answere is this / that the co[m]pacte +was made to paye the foresayd raunsome +after that Camillus was created dicta- +tour / at what time it was nat lawfull that +they whiche were of ferre lesse auctoritie / +ye & had put them selfe holy in his hande / +shuld entermedle them with any maner of +treatise without his licence / & that he was +nat bounde to stande to theyr bargayne. +The whiche argumente is deducte out of +two circumstaunces / whereof one is the +tyme of the makynge of the compacte / and +the other / the persons that made it / which +two circumstaunces may briefly be called +whan / and who. ¶ Likewise yf an oracion +[C.iii.v] shulde be made to the laude of saint Pe- +ter / it behoueth to excuse his denyenge of +christe / that it was rather of diuine power +and wyll: than otherwise / for a confortable +example to synners of grace yf they repe[n]t. + +¶ This is the maner of handelynge of an +oracion demonstratiue / in whiche the per- +son is praised. + +¶ The author in his greater worke decla[-] +reth the facion by this example. + +¶ If one wolde praise kynge Charles / he +shulde kepe in his oracion this order. + +Fyrst in declarynge his parentele / that he +was kynge Pipines sone / whiche was the +fyrste of all kynges of Frannce named the +moost christen kynge / and by whom all af- +ter hym had the same name / and Nephien +to Martell / the moost valiauntest prynce +that euer was. Nexte / his bryngynge vp +vnder one Peter Pisane / of whom he was +instructe bothe in Greke and Latin. Tha[n] +his adolessencie / whiche he passed in excer- +cise of armes vnder in his fader in y^e war- +res of Acquitaine / where he lerned also the +Sarazynes tongue. + +¶ Beynge come to mannes state / & now +kyuge of Fraunce / he subdued Aquitayn / +Italye / Swauelande / and the Saxones. +And these warres were so fortunate / that +[C.iiii.r] he ouercam his aduersaries more by aucto[-] +ritie and wisdom than by effusion of blode. + +¶ Also many other notable examples of +vertue were in hym in that age / specially +that he edified the vniuersitie of Paris. + +¶ Here may by digressio[n] be declared how +goodly a thynge lernynge is in Prynces. +Chiefly suche condicion apperteyneth to +vertue and good lyuynge. + +¶ Here may be also made comparison of +his vertues in warre / and of other agre- +ynge with peace / in the whiche (as his hi- +story maketh mencyon) he was more ex- +cellent. For his chiefe delyte was to haue +peace / and agayne he was so gentyll and +so mercyfull / that he wolde rather saue +euyn suche as had don hym great offence: +and had deserued very well for to dye / tha[n] +to dystroye theym / thoughe he might do it +conueniently. + +¶ Besyde this / he was so greatly enfla- +med in the loue of god and his holy chirch / +that one Alcuine a noble clerk of England +was continually with hym / in whose prea[-] +chynge and other gostely communicacion +he had a chiefe pleasure. His olde age he +passed in rest and quyetenes fortunately / +saue for one thyng / that his sonnes agreed +euyll betwene them. + +[C.iiii.v] + +¶ After his decease reigned his son / holy +saint Lewes / and so the folowynges of his +dethe were suche that they could be no bet- +ter / and a very great token of his good and +vertuouse lyuynge. For yf an yll tree can +brynge furthe no good fruite / what shall +we suppose of this noble kynge Charles / +of whome cam so vertuouse and so holy a +son? Truely me thynketh that hither may +be nat inco[n]ueniently applied the sayenges +of the gospell / by theyr fruites you shall +know them. + + +¶ Of an oracion Demonstratiue / +wherein an acte is praysed. + +WHan we wyll prayse any maner of +dede / the moost apte preamble for +that purpose shall be to say that the +mater perteyneth to the commodities of +them whiche here vs. + +¶ Example. + +WHan the Romaynes had expelled +theyr kynge / whome the historiciens +call Tarquine the proude / out of the +citie / and fully enacted that they wolde ne[-] +uer haue kynge to reigne more ouer them. +This Tarquin[us] went for aide and socour +to the kynge of Tuscaye / whiche whan he +[C.v.r] could by no menes entreat the Romains +to receiue agayn theyr kyng / he cam with +all his puissaunce against the citie / & there +long space besieged the Romaynes / by rea[-] +son wherof / great penury of whete was in +the citie / & the kynge of Tuscay had great +trust / that continuynge the siege / he shulde +within a litle lenger space compell the Ro[-] +maynes thrugh famine to yelde the[m]selfe. + +¶ In the meane season a yong man of the +citie named Gaius Mucius / came to the +Senatours and shewed them that he was +purposed yf they wolde gyue hym licence +to go furthe of the citie to do an acte that +shuld be for theyr great profite and welth / +whereupon whan he had obteined licence / +priuely / with weapo[n] hyd vnder his vesture +he cam to the Tuscans campe / & gate hym +among the thickest / nigh to the tent where +as the kyng sat with his chaunceller / pay- +enge the sowdiers the wages. And bicause +that they were almoost of lyke apparell / & +also the chaunceler spake many thynges +as a man beynge in auctoritie / he coulde +nat tell whether of theym was the kynge / +nor he durst nat aske / leest his demaunde +wolde haue bewrayed hym / for as for lan- +guage they had one / & nothyng was diffe- +rent / for bothe Tuscains & Romains were +[C.v.v] all of Italye / as in tymes past / Englande +hathe had many kynges / though the lan- +guage & people were on. And thus beynge +in doubt whether of them he myght steppe +vnto / by chaunce he strake the chaunceller +in stede of the kynge / and slew hym / wher- +fore whan he was taken and brought be- +fore the kynge / for to punysshe his hande +that had failed in takyng one for an other / +and agayn to shew the kynge how litle he +cared for his menaces / he thrast his hande +into the fire / which at that time was there +prepared for sacrifyce / & there in the flame +let it brenne / nat ones mouynge it. The +kynge greatly marueylynge at his audaci[-] +tie & hardy nature / co[m]mended hym greatly +thereof / and bad hym go his way free: For +the whiche (as though he wolde make the +kyng a great amendes) he fayned that .iii. +C. of the noblest yonge men of Rome had +conspyred to gyther in lyke maner euery +one after another vnwar[e]s to slee hym / and +all to put theyr bodies and liues in hasard +tyll tyme shulde chaunce that one myght +acheue theyr entent. For fere whereof the +kynge furthwith fell at a pointement with +the Romaines / and departed. The yonge +man afterwarde was named Sceuola / +whiche is as moche to say in Englyssh as +[C.vi.r] lefte ha[n]ded. For as I haue reherced afore / +he brente his right hande / so that he had +lost the vse therof. + +¶ IF any oratour wolde in an oracyon +commende this dede / he myght conueni- +ently make the preface on this facion. + +THere is no doubte my lordes +& maysters of Rome: but that +the reme[m]braunce of Sceuolaes +name is very pleasant vnto your audie[n]ce / +whiche with one act that he dyd / endewed +your citie with many and greate commo- +dytees. &c[etera]. + +¶ This maner of preface is moost conue[-] +nyent and best annexyd to suche maner of +oracyons demonstratiues. + +¶ Neuer the lesse it is lawfull for vs to +take our preface (yf it be our pleasure) oute +of some circumstaunce / as out of the place +that our oracion is made in / or out of the +tyme that we speke in / or els otherwyse / +accordynge as we shall haue occasyon / +As Tullie / in the oracyon that he made +for the restitucyon of Marcus Marcel- +lus / in the whiche he praiseth Cezare for +the callyng home of the sayd Marc[us] mar- +cellus out of exyle / he taketh his pream- +ble out of the tyme and Cezares persone / +begynnynge thus. + +[C.vi.v] + +THis daye my lordes Senatoures +hath made an ende of the longe sci- +lence that I haue kepte a great while / nat +for any fere that I had / but part for great +sorow that was in me / & partly for shame / +this day as I sayd hath taken away that +longe scilence / ye / and besyde that of newe +brought to me lust & mynde to speke what +I wolde / and what I thought moost expe[-] +dient / like as I was afore wont to do. For +I can nat in no maner of wyse refrayne / +but I must nedes speke of the great meke- +nes of Cezare / of the graciousnes that is +in hym / so habu[n]dant and so great withall / +that neuer afore any suche hath ben wont +to be sene or herde of / and also of the excel- +lent good moderacio[n] of all thynges which +is in hym that hathe all in his owne mere +power. Nor I can nat let passe his excelle[n]t +incredible / and diuine wisdome vnspoken +of / afore you at this tyme. + + +¶ Of the Narracion. + +IN this kynde we vse but selden hole +narracions / oneles we make our ora[-] +cion afore them that know nat the history +of the acte or dede whiche we be aboute to +prayse. But in stede of a narracion we vse a +[C.vii.r] proposicion / on this maner. + +AMonge all the noble deedes Cezare +that ye haue done / there is non that +is more worthy to be praysed than this re[-] +stitucion of Marke Marcell. + + +¶ Of Confirmacion / whiche is +the fyrst parte of Contencion. + +THe places of confirmacion are +honesty / p[er]fite / lightnes / or har- +dines of the dede. For after the +proheme of the oracion and the narracion / +than go we to the prouynge of our mater. +Fyrst shewynge that it was a very honest +dede. And next / that it was nat all only ho[-] +nesty: but also profitable. Thirdely as con[-] +cernyng the easines or difficulty / the praise +therof must be considered / parte in the do- +er / part in the dede. An easy dede deserueth +no great praise / but an harde and a ieoper[-] +douse thynge / the soner and the lightlier it +is acheued / the more it is to be lauded. + +¶ The honesty of the cause is fet from the +nature of the thynge y^t is spoken of / which +place lieth in the wytte of the oratour / and +may also be fet out of the philosophers bo[-] +kes. It is also copiosely declared of Rhe- +toriciens / and very compe[n]diously handled +[C.vii.v] of Erasmus in his boke / entituled of the +maner and crafte to make epistels / in the +chapitre of a persuadyng epistle. The pro- +fyte of the dede / or the commoditie may be +fet at the circumstaunce of it. Circumstau[n][-] +ces are these / what was done / who dyd it / +whan / where it was done / among whom / +by whose helpe. + +¶ As if one wolde praise Sceuolaes acte / +of the whiche mencion was made afore / +he may. + +¶ Whan he cometh to the places of con- +tencion / shew fyrst how honest a dede it is +for any man to put his lyfe in ieopardy for +the defence of his countrey / whiche is so +moche the more to be commended that it +cam of his owne minde / and nat by the in- +stigacion of any other / and how profitable +it was to the citie to remoue so strong and +puissaunt an enemy by so good and crafty +policy / what tyme the citie was nat well +assured of all mennes myndes that were +within the walles / considerynge that but +a lytle afore many noble yonge men were +detecte of treason in the same busines. And +than also the citie was almoost destitute of +vitailes / & all other commodities necessa- +ry for the defence. + +¶ Likewise easynes or difficultie are con- +[C.viii.r] teyned in the circumstaunces of the cause. +As in the example now spoken of / what an +harde enterprise it is for one man to entre +into a kynges armye / and to come to the +kynges pauilion in the face of his souldi- +ers to aduenture to slee hym. + + +¶ Of the seconde parte of con- +tencion / called confutacion. + +COnfutacio[n] is the soilyng of suche +argumentes as maye be induced +agaynst our purpose / which part +is but lytle vsed in an oracion demonstra- +tiue. Neuer the lesse / somtyme may chau[n]ce +a thyng that must be either defended or els +at the leest excused. As yf any man wolde +speke of Camillus dede / wherby he recoue- +red his contrey / and delyuered it from the +handes of the Frenche men. ¶ Here must +be declared that the bargayne made afore +was nat by Camillus violate. + +¶ The places of confutacion be contrary +to the places of confirmacion. + + +¶ Of the conclusion. + +THe co[n]clusion is made of a brief +enumeracion of suche thynges +that we haue spoken of afore in +the oracion / & in mouynge of affections. + +[C.viii.v] + +¶ In delectable thinges or suche thinges +that haue ben well done / we moue our au- +dience to reioice thereat / and to do lyke. + +¶ In sad thynges and heuy / to be sory for +them. In yll and peruerse act[e]s / to beware +that they folowe nat them to theyr great +shame and confusion. + + +¶ Of an oracion demonstratiue / wherein +are praised neither persones nor actes / +but some other thynges / as religion / +matrimony / or suche other. + +THe best begynnyng wyll be if it +be taken out of some high praise +of the thynge. But a man may +also begyn otherwyse / eyther at his owne +perso[n] or at theyrs afore whom he speketh / +or at the place in the whiche he speketh / or +at the season present / or otherwise / as hath +afore ben specified / and here must we take +good hede that yf we take vpo[n] vs to praise +any thynge that is no praise worthy / than +must we vse insinuacion / & excuse the turpi[-] +tude / either by examples or by argume[n]t[e]s / +as Erasmus doth in his epistle prefixed a- +fore his oracion made to the prayse of fo- +lisshnes / of the whiche I haue let passe the +tra[n]slacio[n] bicause y^e epistle is so[m]what long. + + +[D.i.r] + +¶ The narracion. + +IN this maner of oracio[n] is no nar[-] +racion / but in stede therof the Rhe[-] +toriciens all only propose the ma[-] +ter. And this proposicion is in the stede of +the narracion. + +¶ A very elega[n]t example is in the oracion +that Angele Policiane made to the laude +of histories / whiche is this. Among all ma[-] +ner of wryters by whom either the Greke +tongue or the latine hath ben in floure and +excellence / without doubte me semeth that +they dyd moost profyte to mankynde / by +whom the excellent dedes of nacions / prin- +ces / or valiant men haue ben truely descri- +ued and put in cronicles. + +¶ Likewise yf a man praise peace / & shewe +what a commodiouse thynge it is / he may +make suche a proposicion. + +AMonge all the thynges whiche per[-] +teine to ma[n]nes commoditie / of what +someuer condicion or nature so euer they +be / non is so excellent and so worthy to be +had in honour and loue / as is peace. + + +¶ The confirmacion. + +THe places of confirmacion be in +this oracion. The same y^t were +in the other ( of whome mencion +[D.i.v] was made afore / honesty / profite / easynes / +or difficulty. Honesty is considered in the +nature of the thynge / also in the persones +that haue excercysed it / and the inuenters +thereof. And in the auctour of it. As in the +laude of matrimony be considered the auc[-] +tour thereof / whiche was god hym selfe / +the antiquite that it was made in the fyrst +begynnynge of the worlde / and continued +(as reason is) to this hour in great honour +and reuere[n]ce. The persones that haue vsed +it / were bothe patriarches / as Abraham. +Prophetes / as Dauyd. Apostels / as saynt +Peter. Martyrs / saynt Eustache. And co[n]- +fessours / as saynt Edwarde. And (whiche +thyng was fyrst proposed) the nature ther- +of is suche / that without it: man shulde be +like vnto beest / oneles all generacion shuld +be put aparte. And the commau[n]dement of +almighty god nat regarded / who bad man +and woman shulde engender & multiply. + +¶ Profite and easines is considered in the +circumstaunces. Examples may be taken +out of Policians oracio[n] / made to the laude +of histories--And two oracions of Erasm[us] / +one to the laude of phisike / and an other to +the laude of matrimony. + + +¶ Of confutacion. + +[D.ii.r] + +Confutacion hath contrary places to con- +firmacion. + + +¶ Of the conclusion. + +THe periode or conclusion stan- +deth in the briefe enumeracion +of thinges spoken afore / and in +mouyng the affections / as hath ben aboue +expressed. + + +¶ Of an oracion deliberatiue. + +AN oracio[n] deliberatiue is by the +which we persuade or dissaude +any thyng / & by the whiche we +aske / or whereby we exhort any man to do +a thynge / or els to forsake it / and this kyn- +de of oracion is moche in vse / nat onely +in ciuil ematers: but also in epistels. + + +¶ Of the preamble. + +WE may begynne our oracion in this +kynde / euyn lyke as we dyd in an ora[-] +cion demonstratiue / but moost aptly +at our office or duety / leest some men wolde +thynke that we dyd it more of a priuate af- +fection for our owne commoditie and plea[-] +sure: than for any other mannes profyte. + +[D.ii.v] + +¶ And in this maner Salust in his boke +of Catheline bringeth in Cezare / beginnyng +an oracion. But let vs here now what Ce[-] +zar sayeth. + +ALl men my lord[e]s Senatours which +syt concellynge vpon any doubtfull +mater / must be voyde of hatred / frendshyp / +anger / pitye / or mercye. For where any of +these thynges bere a rule / mannes mynde +can nat lightely perceyue the truthe. &c[etera]. + +¶ Or els we may begyn at the greatenes +of the mater / or daunger of the thyng that +we speke of / as in the fyfte boke of Liuius. +Camillus maketh the preamble of his ora[-] +cion thus. + +MY maysters of this Citie of Ardea / +which haue ben alwayes myne olde +frendes / and now (by reason of myne exyle +out of Rome) my new neighbours and ci- +tizens. For I thank you of your goodnes +you haue promysed that it shuld so be / and +on the other side my fortune hath constray[-] +ned me to seke som new dwellynge out of +the citie where I was brought vp & enha- +bited. I wolde nat that any of you shulde +thynke that I am now come amonge you +nat remembrynge my condicion and state / +but the como[n] ieopardy that we be all now +in / wyll compell euery man to open and +[D.iii.r] shew the best remedy that he knoweth for +our socoure in this greate fere & necessity. + +¶ Nat withstandynge this / a man may +take his begynnynge otherwyse / after any +of the facions afore recited / if he lyst. + +¶ Tully in the oracion / wherin he aduised +the Romaynes to make Pompey theyr +chiefe capitaine against Mithridates and +Tigranes / kynges of Ponthus & Arme- +ny / taketh in the preface beneuolence from +his owne persone / shewynge by what oc- +casion he myght laufully gyue councell to +the Romaines / bycause was electe Pretor +of the citie. we may also touche our aduer- +saries in the preface / or els we may touche +the maners / either of som seuerall persons / +or of the commons in generall. As in the +oracion that Porci[us] Chato made agaynst +the sumptuousnes of the women of Rome / +thus begynnynge. + +IF euery man my lordes and maisters +of this citie wolde obserue and kepe +the ryght and maiestye of a man agaynst +his owne wife / we shuld haue ferre lesse en- +combrance now with the hole thronge tha[n] +we haue. But now our fredome and lyber- +tie is ouercome within our owne dores by +the importunatnes of our wyues / & so au- +dacitie taken therof here troden vnder the +[D.iii.v] fete / and oppressed in the parliame[n]t house: +And bycause we wold nat displease no ma[n] +his owne wyfe at home: here are we now +combred with all / gathered to gyder on a +hepe / and brought in that takynge that +we dare nat ones open our lyppes against +them. &c[etera]. + +¶ We may also begyn at the nature of the +tyme that we speke in / or at the nature of +the place / or at any other circumstaunce or +thynge incident. As Liuius in the .ix. boke +of his fourthe decade agaynste the feestes +that the Romaynes kept in the honour of +the ydolyssh god Bacchus / begynneth his +oracion at prayenge on this wyse. + +THe solempne makynge of prayers +vnto the goddes was neuer so apte +nor yet so necessary in any oracion as it is +in this / whiche shall shew and admonysshe +you that they be very and ryght goddes / +whom our elders haue ordeyned to be wor[-] +shypped / adoured / and prayed vnto. + +¶ Briefly in all prefaces belongynge to +oracions deliberatiues the office of the per[-] +sone: and the necessytye or commodytye +of the matter that we treate of are consy- +dered. + + +¶ The narracion. + +[D.iiii.r] + +IN oracio[n]s deliberatiues we vse very +seldome narracions / but for the more +parte in stede of them we make a brief pro[-] +posicion co[n]teinyng the su[m]me of our entent. +As now adayes nothing is so necessary as +to labour to brynge these dissencions that +be in the chyrche to a perfecte vnity & con- +corde / that accordyng to Christes sayng[e]s / +there be but one shepeherde and one folde. +Neuertheles we vse somtyme briefe narra[-] +ciions / wha[n] y^t som thyng hath ben don all +redy of y^t that we giue our cou[n]cell vpo[n] / as +in the abouesayd oracion y^t Tuli made for +Po[m]pey / where he maketh this narracion. + +GReat & very perillous warre is made +bothe agaynst your tributours / and +also the[m] that bothe co[n]federate with you: & +by you called your felowes / whiche warre +is moued by two ryght myghty kynges / +Mithridates & Tigranes. &c. ¶ After this +maner is a narracion in the oracio[n] y^t Ha- +niball made to Scipio / & is co[n]teined in the +x. boke of y^e .iii. decade of Liui[us] / right pro- +per & elegant / without any preface begyn- +nyng his narracion thus. [hand symbol] ¶ If it hath +ben ordeyned by my fortune and desteny +that I whiche first of all y^e Carthaginors +began warre with the Romayns / & which +haue almoost had the victory so often in +[D.iiii.v] myne ha[n]des / shuld now com of myne owne +mynde to aske peace. I am glad that for- +tune hathe prepared that I shulde aske it +of you specially. And amonge all your no- +ble landes this shall nat be one of the leest +that Haniball gaue ouer to you / to whom +the goddes had gyuen afore the vyctorye +ouer so many capitains of the Romayns / +& that it was your lucke to make an ende +of this warre / in the which the Romayns +haue had farre mo euyll chaunces tha[n] we +of Carthagene. And whether it were my +desteny or chau[n]ce y^t ought me this skorn- +full shame. I which began the warre wha[n] +your father was Consull / and after ioyned +bataile with hym whan he was made Ca- +pitayne of the Romayns army / must now +come vnarmed to his son to aske peace of +hym. It had ben best for bothe parties yf +it had pleased the goddes to haue sent our +fore faders that mynde / that you of Rome +wolde haue ben content with the Empyre +of Italy / and we Carthaginoys with Af- +frike. For neither Sicil nor Sardinia can +be any suffice[n]t amendes to either of vs for +so many naueis / so many armies / so many +and so excellent capitaines lost in our war- +res betwene vs / but thynges passed / may +soner be blamed than mended. We of Car- +[D.v.r] thagene (as touchynge our parte) haue so +couetyd other dominions / that at lengthe +we had busines ynough to defende our pos[-] +sessions. Nor the warre hath nat ben only +with you in Italy or with vs onely in Af- +fryke: but at the pleasure of fortune / som- +tyme here and som there / in so moche that +you my maisters of Rome haue sene y^e sta[n][-] +derdes and armes of your enemies harde +at your walles and gates of the citie. And +we on the other syde haue herde the noyse +out of your campe into our citie. + +¶ After the narracion ought to folowe +immediately the proposicion of our coun- +cell or aduise. As after the narracio[n] of Ha- +niball afore reherced / foloweth the propo- +sicion of his purpose thus. + +THat thynge is now entreated while +fortune is fauourable vnto you / that +we ought moost to abhorre / and you sure- +ly ought aboue all thynges to desyre / that +is to haue peace. And it is most for the pro[-] +fyte of vs two / whiche haue the mater in +handelyng that peace be had. And sure we +be / that what so euer we agree vppon / our +cities wyll ratifie the same. + +¶ Next foloweth the confirmacion of tho +thynges y^t we entende to persuade / which +must be fet out of the places of honesty / pro[-] +[D.v.v] fite / easines / or difficulty. As if we will per[-] +suade any thynge to be done / we shall shew +that it is nat only honest & laudable: but al[-] +so profytable & easy ynough to perfourme. +Or if we can nat chose but grau[n]t that it is +harde / yet we shall shew that it is so honest +a dede / so worthy praise / & besydes so great +co[m]modity wyll come therof / that the hard- +nes ought in no wise to fere vs: but rather +be as an instigacion to take the thynge on +hande / remembrynge the greke prouerbe. +_Scisnola ta nala_ / that is to say / all excellent +& co[m]me[n]dable thyng[e]s be hard & of difficulty. + +¶ In honesty are co[m]prehe[n]ded all vertues / +as wysdo[m] / iustice / due loue to god / & to our +parentes / liberality / pity / consta[n]ce / tempe- +rance. And therfore he that wyll for the co[n][-] +fyrmyng of his purpose declare & proue y^t +it is honest & co[m]mendable y^t he ente[n]deth to +persuade hym: behoueth to haue perfyte +knowlege of y^e natures of vertues. And al[-] +so to haue in redy remembrau[n]ce sentences +bothe of scripture & of philosophy / as ora- +tours & poetes / & besyde these / examples of +historyes / for garnyssshyng of his maters. + +¶ As co[n]cernynge the place of vtilitie / we +must in all causes loke if we may haue any +argume[n]tes wherby we may p[ro]ue that our +cou[n]cell is of suche necessity / that it can nat +[D.vi.r] be chosen but they must nedes folow it / for +tho argume[n]tes be of farre greater stre[n]gth +than they y^t do but onely proue the vtility +of y^e mater. But if we ca[n] haue no suche ne- +cessary reaso[n]s / tha[n] we must serche out ar- +gume[n]tes to p[ro]ue our mynde to be p[ro]fitable +by circu[m]stances of the cause. In like maner +to persuade a thyng by the easines therof / +or dissuade it by the difficulty of the thing / +we must haue respect to possibility or i[m]possi[-] +bilite / for these p[ro]ues are of strenger nature +tha[n] the other / & he y^t wyll shew y^t a thyng +may be done easely: must presuppose y^e pos[-] +sibilite therof. As he on the other side that +wyll p[er]suade a thyng nat to be done / yf he +shew & manifest y^t it is impossible / argueth +more stro[n]gely tha[n] if he could but only p[ro]ue +difficulty in it / for as I sayd / many thyng[e]s +of difficulty yet may be the rather to be ta- +ken on hande / that they may get the[m] that +acheue them the greater fame and prayse. +And these argumentes be fet out of the cir[-] +cu[m]stances of y^e cause / y^t is to say / the time / +the place / the doers / the thynge it selfe / the +meanes whereby it shulde be done / the cau[-] +ses wherefore it shulde be done or nat / the +helpes or impedime[n]tes that may be ther- +in. In this purpose examples of histories +are of great efficacy. + +[D.vi.v] + +¶ The confutacion is the soilynge and re- +fellyng of other me[n]nes sayeng[e]s that haue +or might be brought against our purpose / +wherefore it consisteth in places contrary +to the places of confirmacio[n] / as in p[ro]uyng +the sayenges of the contrary part / neither +to be honest nor profitable / nor easy to per- +forme / or els vtterly impossible. + +¶ The conclusion standeth in two thyn- +ges / that is is to say / a briefe and compen- +diouse repetyng of all our reasons that we +haue bronght for vs afore / and in mouyng +of affections. And so dothe Ulysses con- +clude his oracion in the .xiii. boke of Oui- +des metamorphosy. + + +¶ Of the thyrde kynde of ora- +cions / called Iudiciall. + +ORacions iudiciall be that longe +to controuersies in the lawe and +plees / which kynde of oracion in +olde tyme longed onely to Iudges & men +of law / but now for the more parte it is ne- +glecte of them / though there be nothynge +more necessarye to quicken them in crafty +and wyse handelynge of theyr maters. + +¶ In these oracions the fyrste is to fynde +out the state of the cause / whiche is a short +proposicion / conteynynge the hole effect of +all the controuersies. As in the oracion of +[D.vii.r] Tulli / made for Milo / of y^e which I made +mencion in the begynnynge of my boke. +The state of the cause is this. Milo slewe +Clodius lawfully / whiche thynge his ad- +uersaries denyed / and yf Tully can proue +it / the plee is wonne. + +¶ Here must be borne away that there be +thre maner of states in suche oracions. + +¶ The fyrst is called coniecturall. The se- +conde / legitime. The thirde / iudiciale / and +euery of these hathe his owne proper pla- +ces to fet out argumentes of them / where- +fore they shall be spoken of seuerally. And +fyrste we wyll treate of state coniecturall / +whiche is vsed whan we be certayne that +the dede is done / but we be ignorant who +dyd it / and yet by certayne coniectures we +haue one suspecte / that of very lykelyhode +it shulde be he that hathe commytted the +cryme. And therfore this state is called con[-] +iecturall / bicause we haue no manifest p[ro]fe / +but all onely great lykelyhodes / or as the +Rhetoriciens call them / coniectures. + +¶ Example. + +THere was a great contencion in the +Grekes army afore Troye betwene +Ulisses and Aiax / after the dethe of Achil- +les / which of them shulde haue his armour +as nexte to the sayd Achilles in valiaunt- +[D.vii.v] nes. In whiche controuersye whan the +Grekes had Iuged the sayd armour vnto +Ulisses / Aiax for very great disdayne fell +out of his mynde / & shortly after in a wode +nygh to the hooste / after he had knowen +(whan he cam agayne to hym selfe) what +folyssh prankes he had played in the tyme +of his phrenesy / for sorow & shame he slewe +hym selfe. Sone vpon this dede cam Ulis- +ses by / whiche seynge Aiax thrust thrughe +with a swerde: cam to hym / and as he was +about to pull out the swerd / the frendes of +Aiax chau[n]ced to com the same way / which +seynge theyr frende deed / and his olde ene- +my pullyng out a swerde of his body / they +accused hym of murder. + +¶ In very dede here was no profe. For of +truthe Ulisses was nat gylty in the cause. +Neuer theles the enuye that was betwene +Aiax and hym: made the mater to be nat a +lytle suspect / specially for y^t he was fou[n]de +there with the sayd Aiax alone / wherefore +the state of the plee was coniecturall / whe[-] +ther Ulisses slew Aiax or nat. + + +¶ The preface. + +THe preface is here euyn as it is in +other oracions. For we begyn accor[-] +dyng to the nature of the cause y^t we haue +on ha[n]de / either in blamyng our aduersary / +[D.viii.r] or els mouynge the herers to haue pity on +our client. Or els we begyn at our owne p[er]- +sone / or at the prayse of the Iuge. &c[etera]. + + +¶ The narracion. + +THe narracio[n] or tale is the shewynge +of the dede in maner of an historye / +wherin y^e accuser must craftly enterme[n]gle +many suspicions which shall seme to make +his mater p[ro]uable. As Tulli in his oracion +for Milo / where in his narracion he inten- +deth by certayn co[n]iectures to shew y^t Clo[-] +dius laye in waite for Milo / he in his sayd +narracion handeleth that place thus. + +¶ In the meane season wha[n] Clodius had +knowlege that Milo had a lawfull & neces[-] +ry iourney to the city of Lauine y^e .xiii. day +afore the kalendes of Marche / to poynte +who shuld be hed preest there / which thing +longed to Milo because he was dictatour +of that towne: Clodius sodaynely the day +afore departed out of Rome to set vppon +Milo in a lordeshyp of his owne / as after +was well perceyued. And suche haste he +made to be goyng that were as the people +were gadered y^e same day for mat[er]s wher- +in also he had great adoo hym selfe / & very +necessarye it had ben for hym to haue ben +there / yet this nat withstandyng / all other +thynges aparte: he went his way / whiche +[D.viii.v] you may be sure he wold neuer haue done / +saue onely that he had fully determined to +preuent a tyme and place conuenient for +his malicius ente[n]t afore Miloes comyng. + +¶ In this pece of Tullies narracion are +entermengled fyrst that Clodius knew of +Miloes goynge / whiche maketh the ma- +ter suspecte y^t Clodius went afore to mete +with him / for this was well knowen afore +that Clodi[us] bare Milo great grudge and +malice. Next is shewed the place where as +Clodius met Milo / whiche also gyueth a +great suspicion / for it was nygh Clodius +place / where he myght sone take socour / & +the tother was in leest assurau[n]ce. Thyrdly +that he departed out of the city / what tyme +it had ben most expedient / ye / & also great- +ly requisite for hym to haue ben at home. +And that again maketh the mater suspect / +for surely he wold nat (as Tully hym selfe +saieth) in no wise haue ben absent at suche +a busy tyme / onles it had ben for som great +purpose / and what other shulde it seme tha[n] +to slee Milo. As surely euident it was that +they buckled to gyther / and this was well +knowen that Milo had a necessary cause +to go furth of Rome at that tyme. Contra[-] +ryly in Clodius coulde be perceyued non +other occasion to departe than oute of the +[E.i.r] citie: but of lykelyhood to lye in wayte +for Milo. + + +¶ The proposicion. + +OUt of the narracion must be ga- +deryd a briefe sentence / wherein +shall stande the hole pithe of the +cause / for Rhetoriciens put incontinent af[-] +ter the narracion diuision / which is a part +of contencion / & dothe bryefly shew wherin +the controuersy doth stande / or what thin- +ges shall be spoken of in the oracion. This +diuision is deuyded into seiunction and di- +stribucion. + +¶ Seiunction is whan we shew wherein +our aduersaries and we agree / and what it +is / whereupon we stryue. As they that ple- +dyd Clodius cause agaynst Milo / myght +on this maner haue vsed seiunction. That +Milo slew Clodius: our aduersaries can +nat denaye / but whether he myght so do +lawfully or nat / is our controuersy. Distri- +bucion is the proposicion wherein we de- +clare of what thynges we wyll speke / of +whiche yf we propose how many they be / +it is called enumeracion / but yf we do nat +expresse the nombre / it is called exposicion. + +¶ Example of bothe is had in the oracion +[E.i.v] that Tully made to the people that Pom- +peyus myght be made chiefe capitayne of +the warres agaynst Mithridates and Ti- +granes / where after the preface and narra[-] +cion he maketh his proposicion by exposi- +cion thus. + +Fyrste, I thynke it expedyent to speke +of the nature & kynde of this warre / +and after that of the greatnes thereof / and +than to shewe how an hede or chiefe capy- +tayne of any army shulde be chosen. + +Whiche last membre of his exposicion he a- +gayne distributeth into foure partes thus +as foloweth. + +TRuely this is myne opinion / that he +whiche shall be a gouernour of an +hoost / ought to haue these foure property- +es in hym. The fyrste is / that he haue per- +fyte knowlege of all suche thynges as lon- +geth to warre. The seconde is that he be a +man of his handes. The thyrde that he be +a man of suche auctority: that his dignity +may cause his souldiers to haue hym in re- +uerence and awe. The fourth is that he be +fortunate and lucky in all thynges that he +goeth about. + +¶ Tully in the oracion for Milo / propo- +seth all onely shewynge wherin the contro[-] +uersy of the plee dyd stande on this maner +[E.ii.r] as foloweth. + +IS there than any thynge els y^t must +e tryed and iudged in this cause saue +this: whether of them bothe beganne the +fraye and entended to murder the tother? +No surely. So that yf it can be founden +that Milo went about to distroye Clodi- +us / than he be punysshed therefore accor- +dyngly. But yf it can be proued that Clo- +dius was the begynner and layed wayte +for to slee Milo / and so was the sercher of +his owne dethe / and that what Milo dyd +it was but to defende hym selfe frome the +treason of his enemy and the sauegarde of +his lyfe: that than he may be delyuered +and quyt. + + +¶ Of confirmacion. + +THe confirmacion of the accu- +ser is fetched out of these pla- +ces / wyll / and power. For these +two thynges wyll cause the persone that +is accused to be greatly suspect that he had +wyll to do the thyng that he is accused of / +and that he myght well ynoughe brynge +it to passe. + +[E.ii.v] + +¶ To proue that he had wyll therto: you +must go to .ii. places. The one is y^e qualite +of the persone / & the other is the cause that +meuyd him to the dede. The qualitie of the +person is thus handled. First to loke what +is his name or surname / and if it be nough[-] +ty to saye that he had it nat for nothynge: +but that nature had suche pryue power in +men to make them gyue names according +to the maners of euery person. Than next +to behold his contrey. So Tulli in his ora[-] +cion made for Lucius Flaccus / to unproue +the witnes that was brought against him +by Grekes / layeth vnto them the lightnes +of theyr contrey. This (sayeth Tulli) do I +say of the hole nacion of Grekes. I grau[n]t +to them that they haue good lernyng / and +the knowlege of many sciences. Nor I de- +nye nat but that they haue a pleasant and +marueylouse swete speche. They are also +people of high and excellent quicke wyt / & +thereto they be very facundiouse. These & +suche other qualities wherein they booste +the[m] selfe greatly: I wyll nat repyne agai[n]st +it that they bere the maistry therein. But +as concernyng equitie and good conscie[n]ce / +requisite / in berynge of recorde / or gyuyng +of any wytnes / & also as touchynge faith- +fulnes of worde and promyse: truely this +[E.iii.r] nacion neuer obserued this property / nei- +ther they knewe nat what is the strength / +auctoritye / and weight therof. + +¶ So to Englysshmen is attributed su[m]p- +tuousnes in meates & drinkes. To French +men / pryde / & delyte in new fantasyes. To +Flemmynges and Almaynes / great dryn- +kyng / & yet inue[n]tife wittes. To Britayns / +Gascoignes / and Polones / larrecine. To +Spanierdes / agilitye. To ytaliens / hygh +wyt and moche subtilty. To Scottes / bold[-] +nes / to Irissh men / hastines. To Boemes +valiauntnes and tenacite of opinions. &c. + +¶ After that to loke on his kynred / as yf +his father or mother or other kynne were +of yll disposicion / for as the tree is: suche +fruite it bereth. + +¶ On this wyse dothe Phillis entwyte +Demophon / that his father Theseus vn- +curteysly and trayterously lefte his loue +Ariadna alone in the desert yle of Naxus / +& contrary to his promise stale from her by +nyght / addynge _Heredem patria perfide frau- +dis agis_. That is to saye / vntrew and false +forsworne man / thou playest kyndely the +fathers heyre / in deceytable begylynge of +thy true louer. + +¶ After that we must loke vppon the sex / +whether it be man or woman that we ac- +[E.iii.v] cuse / to se yf any argume[n]t ca[n] be deduct out +of it to our purpose. As in men is noted au[-] +dacity / women be comonly tymerouse. + +Than nexte / the age of the persone. As in +Therence Simo speketh of his son Pam- +philus / sayeth vnto his man called Sosia / +how couldest thou know his condicions or +nature afore / whyle his age and feare / and +his maister dyd let it to be knowen. + +¶ Hipermestra in Ouides epistels ioineth +these .ii. places of sex & age to gyther thus. + +¶ I am a woman & a yong maiden / milde +& gentyll / both by nature & yeres. My soft +handes are nat apte to fiers batayles. + +¶ After these folow stre[n]gth of body / or agi[-] +lity / & quicknes of wyt / out of whiche may +be broght many reaso[n]s to affyrme our pur[-] +pose. So Tulli in his oracion for Milo / +wyllynge to proue y[at] Clodius was the be- +gynner of the fraye / sheweth that Milo +(whiche was neuer wont but to haue men +about hym) by chaunce at that tyme had +in his company certayne Musiciens and +maydens that wayted on his wyfe / whom +he had syttynge with hym in his wagen. +Contraryly Clodius that was neuer wo[n]t +afore but to ryde in a wagen & to haue his +wyfe with him: at that tyme rode furth on +horsebacke. And where as afore he was al- +wayes accustomed to haue knaues & que- +[E.iiii.r] nes in his company: he had than non but +tall men with hym / & (as who shulde say) +men piked out for the nones. ¶ To this is +added forme / as to assay yf we can haue a- +ny argument to our purpose out of the per[-] +sones face or countenance / & so doth Tully +argue in his oracio[n] agaynst Piso / sayeng. + +¶ Seest thou nat now thou beest? doest y[o]u +nat now p[er]ceyue what is mennes co[m]playnt +on thy visage? there is no[n] that co[m]plaineth +that I wote nat what Surrien & of theyr +flocke whiche be but newly crepte vp to ho[-] +nour out of the donghyll is now made con[-] +sull of the city. For this seruile colour hath +nat deceiued vs nor hery cheke balles / nor +rotten & fylthy tethe / thyne iyes / thy bro- +wes / forhed / & hole cou[n]tenau[n]ce / which in a +maner doth manifest me[n]nes co[n]dicio[n]s & na[-] +ture it hath deceiued vs. ¶ This done / we +must consyder how he hath be[n] brought vp +y[at] we accuse / among whom he hath lyued / & +whereby / how he gouerneth his houshold / +& assay if we ca[n] pyke out of these ought for +our purpose. Also of what state he is of / fre +or bond / riche or pore / beryng office or nat / +a man of good name / or otherwise / wherin +he deliteth moost / which places do expresse +ma[n]nes lyuyng / & by his lyuyng: his will & +mynde / as I wold declare more fully / saue +[E.iiii.v] that in introductions men must labour to +be short / and agayne they are suche that he +that hath any perceyuyng may sone know +what shall make for his purpose / & how to +set it furthe. And therfore this shall suffyse +as touchynge the qualitie of the person. + +¶ If we bere away this for a generall rule +(that what maketh for the accuser euer- +more the contrary) is sure staye for the de- +fender / yf he can proue it / or make it of the +more lykelyhood. As Tully in defendynge +Milo / layeth to Clodius frendes charges +that he had non about hym but chose[n] me[n]. +And for to clere Milo he sheweth the con- +trary / that he had with hym syngyng lad- +des and women seruantes that wayted on +his wyfe / whiche maketh it of more likely- +hood y^t Clodius went about to slee Milo: +than Mylo hym. + +¶ The cause that moueth to the mischiefe +lyeth in two thynges. In naturall impul- +sion / and racionacion. + +¶ Natural impulsion is angre / hatred / co[-] +uetyse / loue / or suche other affections. + +So Simo in Therence / whan he had sayd +that Dauus (who[m] he had poynted to wayt +vppon his sone Pamphilus) wolde do all +that myght lye in hym bothe with hande +and fote / rather to dysplease hym: than to +[E.v.r] please Pamphilus mynde. And Sosia de- +maunded why he wolde do so. Simo made +aunswere by raciocinacion / sayenge / doest +thou aske that? mary his vngracious and +vnhappy mynde is the cause therof. + +Oenon in Ouides epistles ioyneth to gy- +ther qualitie and naturall impulsion / say- +enge. _A iuuene et Cupido credatur reddita vir- +go?_ whiche is in Englysshe. Thynke you +that she that was caried awaye of a yonge +man / and hote in loue / was restored agayn +a mayde? + +¶ Tulli in the oracion for Milo / amonge +other argume[n]tes bryngeth in one against +Clodius by naturall impulsion of hatred / +shewynge that Clodius had cause to hate +Milo fyrst / for he was one of them that la[-] +boured for the same Tullyes reuocacyon +from exyle / whiche Tulli Clodius malici- +ously hated. Agayne that Milo oppressyd +many of his furiouse purposes. And final- +ly by cause the sayd Milo accused hym and +cast hym afore the Senate and people of +Rome. + +¶ Raciocinacio[n] is that cometh of hope of +any commodity / or to eschew any discom- +modity. As Tully argueth in his oracion +for Milo agaynst Clodius by raciocinaci- +on to proue that it was he that layde wayt +[E.v.v] for Milo on this maner. + +IT is sufficient to proue that this cru- +ell and wicked beest had a great cause +to slee Milo / yf he wolde brynge his ma- +ters that he we[n]t about to passe / and great +hope if he were ones gone / nat to be letted +in his pretenced malyce. + +¶ After raciocinacion foloweth compro- +bacion / to shewe that no man els had any +cause to go there about / saue he whome we +accuse / nor no profite could com to no man +thereof: saue to hym. + + +¶ These are the wayes whereby an +oratour shall proue that the persone +accused had wyll to the thynge +that is layd to his charge. + +TO proue that he might do it: ye +must go to the circumstance of +the cause / as that he had leyser +ynough thereto / and place conuenient and +strength withall. ¶ Also you +shall proue it by signes / whiche are of mer- +uaylouse efficacye in this behalfe / where- +fore here must be noted that sygnes be ey- +ther wordes or dedes that either did go be- +fore or els folow the dede. As Tully in his +oracion now often alleged argueth against +Clodius by signes goynge afore the dede / +as that Clodius sayd thre dayes afore Mi- +[E.vi.r] lo was slayne: that he shulde nat lyue thre +dayes to an ende. And that he went out of +the city a lytle afore Milo rode furth with +a great companye of stronge and mysche- +uous knaues. + +¶ Signes folowynge are as yf after the +dede was done he fled / or els whan it was +layed to his charge: he blusshed or waxed +pale / or stutted & coulde nat well speke. + +¶ The contrary places (as I sayd afore) +long to the defender / saue that in signes he +must vse .ii. thinges / absolucion & inuercio[n]. + +¶ Absolucio[n] is wherby the defendour she- +weth that it is laufull for hym to do that +what the aduersary bringeth in for a signe +of his malice. + +¶ Example. + +¶ A man is founde couerynge of a dede bo[-] +dy / & therupon accused of murder / he may +answere that it is laufull to do so for y^e pre- +seruacion of his body from rauons & other +that wolde deuoure hym / tyll tyme he had +warned people to fetche and bury hym. + +¶ Inuercion is wherby we shew that the +signe whiche is brought agai[n]st vs: maketh +for vs. As I wolde nat haue taryed to co- +uer hym yf I had done the dede my selfe: +but haue fled and shronke a syde into some +other way for feare of takynge. + + +[E.vi.v] + +¶ Of the conclusion. + +THe co[n]clusion is as I haue said +afore in briefe repetynge of the +effecte of our reasons / & in mo- +uynge the Iudges to our purpose. The ac[-] +cuser to punysshe the persone accused. The +defender / to moue hym to pity. + + +¶ Of the state iuridiciall / and +the handelynge thereof. + +AS state coniectural cometh out +of this questyon (who dyd the +dede) so whan there is no doubt +but that the dede is done / and who dyd it / +many tymes controuersy is had / whether +it hath ben done laufully or nat. And this +state is negociall or iuridiciall / whiche con[-] +teyneth the right or wronge of the dede. +As in the oracyon of Tully for Milo / the +state is iuridiciall / for ope[n] it was that Clo[-] +dius was slayn / and that Milo slew hym / +but whether he kylled hym laufully or nat: +is the controuersy and state of the cause / +as I haue afore declared. + + +¶ The preamble and nar- +racion as afore. + +[E.vii.r] + +THe confirmacion hath certayn +places appropred thereto / but +here must be marked that state +negociall is double / absolute / & assu[m]ptyue. + +¶ State negociall absolute is whan the +thynge that is in controuersy is absolute- +ly defended to be laufully done. As in the +oracio[n] of Tulli for Milo / the dede is styfly +affirmed to be lawfully done in sleyng Clo[-] +dius / seynge that Milo dyd it in his owne +defence / for the law permitteth to repell vi- +olence violently. + +¶ The places of confirmacion in state ab[-] +solute are these / nature / law / custome / equi[-] +ty or reason / iugeme[n]t / necessity / bargayne +or couenant. ¶ Of the whiche places Tul[-] +ly in his oracion for Milo bryngeth in the +more parte to gyther in a cluster on this +maner. + +IF reason hath prescrybed this to ler- +ned and wise men / and necessity hath +dryuen it into barbarous and rude folke / & +custome kepeth it among all nacions / and +nature hathe planted it in bruite beestes / +that euery creature shuld defende hym selfe +and saue his lyfe and his body from all vi- +olence by any maner of socour / what mea- +nes or way so euer it were. you ca[n] nat iuge +this dede euyll done / except you wyll iudge +[E.vii.v] that whan men mete with theuys or mur- +derers / they must either be slayne by the +wepons of suche vnthryfty and malicious +persones: either els perysshe by your sen- +tence gyuen in iugement vpon them. + +¶ State assumptiue is whan the defence +is feble of it selfe / but yet it may be holpen +by some other thynge added to it. And the +places longynge to this state are graun- +tynge of the faute / remouynge of the faut / +or (as we say in our tongue) layeng it from +vs to an other / & tanslatynge of the faute. + +¶ Grauntyng of the faut is whan the per[-] +son accused denieth nat the dede / but yet he +desyreth to be forgyuen / & it hath .ii. places +mo annexyd to it / purgacion & deprecacio[n]. + +¶ Purgacion is whan he sayeth he dyd it +nat maliciously: but by ignora[n]ce or mishap +whiche place Cato vseth ironiously in Sa[-] +lust / thus. My minde is that ye haue pyty +with you / for they that haue don amysse be +but very yonge men / and desyre of honour +draue them to it. + +¶ Deprecacio[n] is wha[n] we haue non excuse: +but we call vpon the Iustices mercy. The +handelynge whereof Tulli wryteth in his +boke of inuencion thus. + +HE that laboreth to be forgyue[n] of his +faut / must reherce (yf he can) som be- +[E.viii.r] nefytes of his / done afore tyme / and shew +that they be farre greater in theyr nature +than is the cryme that he hathe commyt- +ted / so that (how be it he hath done great- +ly amysse) yet the goodnes of his fore me- +rites are farre bygger / and so may well op- +presse this one faut. Nexte after that it be- +houeth hym to haue refuge to the merytes +of his elders / yf there be any / and to open +them. That don / he must retourne to the +place of purgacion / and shewe that he dyd +nat the dede for any hate or malyce / but ei- +ther by folysshnes / or els by the entisement +of som other / or for some prouable cause. +And than promise faithfully that this faut +shall teche hym to beware fro[m] thens forth / +and also that theyr benefytes that forgyue +hym shal bynde hym assuredly neuer to do +so more / but perpetually to abhorre any +suche offence / and with that to shewe some +great hope ones to make them a great re- +co[m]pence & pleasure therfore agayne. After +this let hym (yf he can) declare som kynred +betwene the[m] & hym / or frendshyp of his el- +ders / & amplifye the greatenes of his ser- +uice & good harte towarde them / yf it shall +please them to forgiue this faut / & adde the +nobility of theym that wolde fayne haue +hym delyuered. And than he shall soberly +[E.viii.v] declare his owne vertues and suche thyn[-] +ges as be in hym perteynyng to honesty & +prayse / that he may by these meanes seme +rather worthy to be auaunced in honour +for his good qualities / than to be punished +for his fall. + +¶ This done / let hym reherce some other +that haue be forgyuen greater fautes than +this is. It shall also greatly auayle yf he +can shewe that he hathe in tyme afore ben +in auctoritie and bare a rule ouer other / in +the whiche he was neuer but gentyll and +glad to forgyue them that had offended vn[-] +derneth hym. And than let hym extenuate +his owne faute / and shew that there folo- +wed nat so great damage therof / and that +but lytle profyte or honesty wyll folowe of +his punysshment. And finally than by co- +mon places to moue the iudge to mercy & +pitie vpon hym. + +¶ The aduersary must (as I haue shewed +afore) vse for his purpose contrary places. + +¶ Some Rhetoriciens put no mo places +of deprecacion than only this that is here +last reherced of Tulli / that is to do our best +to moue the iustice to mercy and pity. + +¶ Remocion of the faute is whan we put +it from vs and lay it to another. + +¶ Example. + +[F.i.r] + +THe Venecians haue commannded +certayne to go in ambassade to En- +glande / and thereuppon appointed theym +what they shal haue to bere their charges / +whiche money assigned: they can nat get +of the treasourer: At the daye appoynted +they go nat / whereupon they are accused +to the Senate. Here they must ley the faut +from them to the treasourer / which dispat- +ched them nat accordyng / as it was ordey[-] +ned that he shulde. + +¶ Tra[n]slacion of the faut is / whan he that +co[n]fesseth his faut sayeth that he dyd it: mo[-] +ued by the indignacion of the maliciouse +dede of an other. + +¶ Example. + +KYnge Agamennon / which was chief +capitayne of the Grekes at the siege +of Troye / whan he cam home was slayne +of Egist[us] by the treason of Clitenestra his +owne wyfe / which murder his son Orestes +seynge / whan he cam to mannes state / re- +uenged his fathers dethe on his mother / & +slew her / whereupon he was accused. Here +Orestes can nat deny but he slew his mo- +ther: But he layeth for hym that his mo- +thers abhominable iniury co[n]strayned him +thereto / bycause she slew his father. +And this is the handelynge of confirmaci- +[F.i.v] on in state assumptiue. + +¶ The conclusions in these oracions are +lyke to the conclusions of other. + + +¶ Of state legitime / and +the handelyng therof. + +STate legitime is whan the con- +trouersy standeth in definicion or +contrary lawes / or doutfull wry- +tynges / or raciocinacion / or translacion. + + +¶ Of definicion. + +DEfinicion (as Tully wryteth) is +whan in any wrytynge is some +worde put / y^e significacio[n] wher- +of requireth exposicion. + +¶ Example. + +A Lawe may be made that suche as +forsake a shyppe in tyme of tempest +shulde lese theyr ryght y^t they haue / either +in the shyppe or in any goodes within the +same vessell / & that they shal haue the shyp +& the goodes that abyde styll in her. + +¶ It chau[n]ced .ii. men to be in a lytle cray- +er / of the whiche vessell the one man was +both owner and gouernour / and the other: +possessour of the goodes. And as they were +[F.ii.r] in the mayne see / they espied one that was +swymmynge in the see / and as well as he +coulde holdyng vp his handes to them for +socour / wherupon they (beyng moued with +pitie) made towarde hym / & toke hym vp. +Within a lytle after arose a greate tempest +vpon them / and put them in suche ieopar- +dy that the owner of the shyp (which was +also gouernour) lepte out of the shyp into +the shyp bote / and with the rope that tyed +the bote to the shyp: he gouerned the shyp +as well as he coulde. The marchant that +was within the shyp / for greate dispayre of +the losse of his goodes / wyllyng to slee him +selfe: threst hym selfe in w[i]t[h] his owne sword / +but as it chaunced the wounde was ney- +ther mortall nor very greuouse / but nat- +withsta[n]dyng for that tyme he was vnable +to do any good in helpyng the shyp against +the impetuousnes of y^e storme. The thyrd +man (whiche nat longe afore had suffered +shyp wracke) gate hym to the sterne / and +holpe the vessell the best that laye in hym. +At lengthe the storme seaced / and the shyp +came safe into the hauen / bote & all. He y^t +was hurt (by helpe of chirurgiens) recoue[-] +red anon. Now euery of these thre chale[n]ge +the shyp & good[e]s as his owne. Here euery +man layeth for hym the lawe aboue reher- +[F.ii.v] ced / and all theyr controuersy lyeth in the +expoundynge of thre wordes / abydynge in +the shyp / and forsakynge the shyp / & what +we shal in suche case call the shyp / whether +the bote as part of the shyp: or els the shyp +it selfe alone. + +¶ The handelynge hereof is. Fyrst in few +wordes and playne to declare the significa[-] +cion of the worde to our purpose / and after +suche maner as may seme resonable to the +audience. Nexte / after suche exposicion to +declare and proue the sayd exposicion true / +with as many argumentes as we can. + +Thyrdely to ioyne our dede with the expo- +sicion / & to shew that we onely dyd obserue +the very entent of the lawe. Than to refell +the exposicion of our aduersaries / & to shew +that their exposicion is contrary to reason +and equitie / and that no wyse man wyll so +take the law as they expounde it / and that +the exposicion is neither honest nor profy- +table / and to conster theyr exposicion with +oures / and to shew that oures conteyneth +the veritie / and theyrs is falce. Oures ho- +nest / reasonable / & profitable: Theyrs clene +contrarye. And than serche out lyke exam- +ples / either of greater maters or of lesse / or +els of egall maters / and to manifest by the[m] +that our mynde is the very truthe. + +[F.iii.r] + +¶ Contrary lawes are where the tone se- +meth euidently to contrarye the other. As +yf a law were that he who[m] his father hath +forsaken for his so[n]ne / shall in no wyse haue +any porcion of his fathers goodes. And an +other law / that who so euer in tyme of tem[-] +pest abydeth in the shyp: shall haue y^e shyp +and goodes. Than pose that one whiche +was of his father so abiecte and denyed for +his chylde: was in a shyp of his fathers in +tyme of sore wether / & whan all other for +feare of lesynge them selfe forsoke the shyp +& gate them into the bote: he onely abode / +and by chaunce was safe brought into the +hauen / wherupon he chalengeth the vessell +for his / where as the party defendant wyll +lay against hym that he is abdicate or for- +saken of his father / and so can nat by the +law haue any parte of his goodes. + +Here must he say agayn for hym that this +law alleged doth all only priuate fro[m] theyr +fathers goodes suche as be abdicate & yet +wolde chalenge a part as his children / but +y^t he doth nat so / but requireth to haue the +shyp / nat as a son to his father: but as any +other straunger myght / seyng the law gy- +ueth him the shyp y^t abideth in her in time +of necessity. And so the handelynge of this +state / either to deny one of y^t lawes & shew +[F.iii.v] that it hath ben afore anulled / or els to ex- +pounde it after the sence that is mete to +our purpose. + +¶ Doubtfull writynge is where either the +mynde of the author semeth to be contrary +to that that is wryten / which som call wry[-] +tynge & sentence / or els it is whan the wor[-] +des may be expounded dyuers wayes. + +¶ Example of the fyrst. + +MEn say it is a law in Caleys that no +straunger may go vppon the towne +walles on payne of dethe. Now than pose +that in tyme of warre the towne beynge +harde besieged / an alien dwellynge in the +towne getteth hym to the walles amonge +the soudiers / & doeth more good than any +one man agayn. Now after the siege ended +he is accused for transgressyng of the law / +which in wordes is euidently against him. +But here the defendaunt must declare the +wryters mynde by circumstaunces / what +straunger he dyd forbyd / and what tyme / +and after what maner / and in what intent +he wolde nat haue any straunger to come +on the walles / & in what intent his mynde +might be vnderstanden to suffre an alien to +go vpon the walles. And here must the ef- +fect of the strau[n]gers wyll be declared / that +he went vp to defend y^e towne to put back +[F.iiii.r] their enemies. And therto he must say that +the maker was nat so vndiscrete & vnreaso[-] +nable that he wolde haue no maner of ex- +cepcion which shuld be to the welth / p[ro]fite / +or preseruacion of the towne. For he that +wyll nat haue y^e law to be vnderstande[n] ac[-] +cordyng to equitie / good maner / & nature / +entendeth to proue the maker therof either +an vniust man / or folyssh or enuiouse. + +¶ The accuser contraryly shall praise the +maker of the law for his great wisdom / for +his playne writyng without any maner of +ambiguity / y^t no strau[n]ger shulde p[re]sume to +go vpon the walles / & reherce y^e law word +for worde / & tha[n] shew som reasonable cause +that mouyd the maker of the law that he +wolde vtterly that no straunger shulde as- +cende the walles. &c. Exa[m]ple of the seco[n]d. + +A Man in his testame[n]t gyueth to two +yonge doughters that he hathe two +hu[n]dred shepe / to be delyuered at the day of +theyr maryage / on this maner. [hand symbol] I wyll +that myne executoures shall gyue to my +doughters at the tyme of theyr maryage +euery of theym an hundred shepe / suche as +they wyll. At the tyme of maryage they de[-] +maunde theyr cattell / whiche the execu- +tours deliuer nat of suche sort as the may- +de[n]s wold / wherupo[n] the co[n]trouersy ariseth. +[F.iiii.v] For the executours say they are bounde to +delyuer to euery of them an hundred shepe / +suche as they that be the executours will. +Now here standeth the dout / to whom we +shall referre this worde _they_ / to the dought- +ters / or to the executours. + +The maydens say nay thereto / but that it +was theyr fathers mynde that they shulde +haue euery of theym an .C. shepe / suche as +they that be the doughters wyll. + +¶ The handelyng of doutfull wrytyng is +to shew yf it be possible that it is nat wryte[n] +doutfully by cause it is the comon maner to +take it after as we saye / & that it may sone +be knowen by suche wordes as partely go +before that clause & p[ar]tly folow / & that there +be few wordes / but if they be considered so +alone / they may anon be taken doubtfully. +And first we shal shew if we can y^t it is nat +doubtfully wryten / for there is no reasona[-] +ble ma[n]: but he wyll take it as we say. Tha[n] +shal we declare by that that goeth afore / & +foloweth / that it is clerly euin as we say / & +that yf we consider the wordes of the[m] selfe +they wyll seme to be of ambiguity / but se- +ynge they may by the rest of the wrytynge +be euident ynough / they ought nat to be ta[-] +ken as doubtfull. And than shew that yf it +had ben his minde that made the writyng +[F.v.r] to haue it taken as the aduersarye sayeth: +he neded nat to haue wryte[n] any suche wor[-] +des. As in the example now put / the may- +dens may say that yf it had ben theyr fa- +thers mynde that the executours shoulde +haue delyuered suche shepe as it had plea- +sed them to delyuer: he neded nat to haue +added these wordes _suche as they wyll_. For +yf they had nat ben put / it wolde nat haue +ben dought but that the executours dely- +uerynge euery of them an hundred shepe +(what so euer they were) had fulfylled the +wyll / and coulde haue ben no further com- +pelled / wherfore if his mynde was as they +say / it was a great folye to put in tho wor- +des whiche made a playne mater to be vn- +plaine. And than finally shew it is more ho[-] +nest and conuenient to expounde it as we +say: than as our aduersaries do. + +¶ Raciocinacion is whan the mater is in +controuersy / wherupon no law is decreed / +but yet the iugement therof may be fou[n]de +out by lawes made vpon maters somdele +resemblynge thereunto. + +¶ As in Rome was this law made / that +yf any persone were distraught / his posses- +sions and goodes shulde come to the han- +des of his next kynne. + +¶ And an other law / what any househol- +[F.v.v] der doth ordeyn & make as concernyng his +householde and other goodes / it is appro- +bate and confirmed by the law. + +¶ And an other law / if any housholder dye +intestate / his money & other goodes shal re[-] +mayne to his next kyn. ¶ It chau[n]ced one +to kyll his owne mother / wherupo[n] he was +taken & co[n]de[m]pned to deth / but while he lay +in pryson / certayn of his familiare frendes +cam thyder to hym / & brought with them +a clerke to wryte his testament / whiche he +there made / & made suche executours as it +pleased hym. After his deth his kynnesme[n] +chalenge his good[e]s / his executours say the[m] +nay / wherupo[n] ariseth co[n]trouersy afore the +iustice. ¶ There is no law made vpon this +case / whether he y^t hath killed his mother +may make any testame[n]t or nat / but it may +be reasoned on bothe p[ar]ties by the lawes a- +boue reherced. The kynsmen shal allege y^e +law made for the[m] y^t be out of theyr mynd[e]s / +p[re]supposyng hym nat to be in moche other +case / or els he wold nat haue don the dede. +The contrary parte shall allege the other +law / & shew that it was none alienacion of +mynde: but som other cause y^t moued hym +to it / & that he hathe had his punysshment +therfore / whiche he shulde nat haue suffred +of co[n]uenient if he had ben besyde him selfe. + +[F.vi.r] + +¶ Translacion is whiche the lawyers call +excepcion / as yf the person accused pleade +that it is nat lawfull for the tother to ac- +cuse hym / or that the Iuge can be no iuge +in that cause. &c. + + +[hand symbol] ¶ The conclusion of the Author. + +THese are my speciall and +singuler good Lorde whiche I +haue purposed to wryte as tou- +chyng the chief poynt of y^e .iiii. +that I sayd in the begynnyng to long to a +Rhetoricien / & which is more difficulty tha[n] +the other .iii. so that it ones had / there is no +very great maistry to com by the resydue. +Natwithstandynge yf I se that it be fyrste +acceptable to your good lordship / in whom +next god & his holy saintes I haue put my +chief co[n]fidence & trust / & after y^t yf I fynde +that it seme to y^e reders a thing worthy to +be loked on / & y^t your lordshyp & they think +nat my labour take[n] in vayne: I wyll assay +my selfe in y^e other partes / & so make & ac- +co[m]plyssh y^e hole werk. But now I haue fo[-] +lowed y^e facion of Tulli / who made a seue[-] +rall werke of inuencion. And though ma- +ny thynges be left out of this treatyse that +ought to be spoken of / yet I suppose that +this shall be sufficyent for an introduction +[F.vi.v] to yonge begynners / for whome all onely +this booke is made. For other that ben en- +tred all redy shall haue lytle nede of my la- +bour / but they may seke more meter thyn- +ges for theyr purpose / either in Hermogi- +nes amonge the Grekes / or els Tullie or +Trapesonce / amonge the Latines. And to +them that be yonge begynners nothynge +can be to playne or to short / wherfore Ho- +race i[n] his boke of y^e craft of Poetry sayth. + +[hand symbol] _Quicquid precipies esto breuis vt cito dicta + Percipiant animi dociles teneantq[ue] fideles._ + +[hand symbol] What so euer ye wyll teache (sayeth he) +be briefe therin / that the myndes of the he- +rers or reders may the easiyer perceyue it / +and the better bere it away. And the Em- +perour Iustinian sayeth in the fyrste boke +of his institucions in the paragraph of iu- +stice and right / that ouer great curiosity in +the fyrst principles / make hym that is stu- +diouse of the facultie either to forsake it: or +els to attayne it with very great and tedy[-] +ouse labour / and many tymes with great +dispayre to com to the ende of his purpose. +And for this cause I haue ben farre lesse cu[-] +riouse than I wolde els haue ben / and also +a great dele the shorter. If this my labour +may please your lordeshyp / it is the thynge +that I do in it moost desyre / but yf it seme +[F.vii.r] bothe to you and other a thyng that is ve- +ry rude and skant worthe the lokynge on: +yet Aristotles wordes shal confort me / who +sayeth y^t men be nat onely bounde to good +authors: but also to bad / bicause y^t by their +wrytynge they haue prouoked cunnynger +men to take the mater on hande / whiche +wolde els peraduenture haue helde theyr +peace. Truely there is nothynge that I +wolde be more gladder of / than yf it might +chaunce me on this maner to cause theym +that be of moche better lernynge and excer[-] +cise in this arte than I / of who[m] I am very +sure that this realme hath greate plenty / +that they wold set the penne to the paper / +and by their industry obscure my rude igno[-] +raunce. In the meane space I beseche the +reders / yf they fynde any thynge therein +that may do them any profyte / that they +gyue the thankes to god and to your lord- +shyp / and that they wyll of theyr charitie +pray vnto the blessyd Trinite for me / that +whan it shall please the godhed to take +me from this transitory lyfe / I may +by his mercy be of the nombre of +his elect to p[er]petuall saluacion. + + * * * * * + +[F.vii.v] + +¶ Imprinted at London in Fletestrete +by saynte Dunstones chyrche / at the +sygne of the George / by me Ro- +bert Redman / The yere of our +lorde god a thousande / fyue +hundred and two and +thyrty. + +¶ Cum priuilegio. + +[Illustration] + +[F.viii.v] + +[Illustration: Robert Redman] + + * * * * * + +[Transcriber's Note: The following is a list of printer errors in +the original.] + +Page Error Correct + +A.iiii.v [Greek: outos] with [Greek: outos] with + medial sigma final sigma +A.iiii.v ( Eloquence / Eloquence +A.viii.r conceruynge concernyng +B.ii.v his his his +B.iiii.r Tigraues Tigranes +B.vi.r Plato Pluto +B.vi.v prefaces of prefaces or +B.viii.r & & & +C.i.r landes laudes +C.ii.r channced chaunced +C.iii.r au aut +C.iii.v Frannce Fraunce +C.iii.v Nephien Nephieu +C.iii.v vnder in vnder +C.vii.r p[er]fite p[ro]fite +D.i.r ( of / of +D.ii.r ematers maters +D.iiii.r narraciions narracions +D.iiii.v landes laudes +D.v.v Scisnola ta nala [Greek: dyskola ta kala] +D.v.v garnyssshyng garnysshyng +D.vi.v is is is +D.vi.v bronght brought +D.viii.r necesry necessary +E.ii.r e tryed be tryed +E.iii.r patria patriae +E.iiii.r E.iii. E.iiii. +E.vii.v tanslatynge translatynge +F.i.r commannded commaunded +F.i.r Agamennon Agamemnon + +Note: The following are not typographical errors: "fet" (fetch or +fetched); "nat" (not); "tho" (those); "slee" (slay); "lese" (lose); +"meuyd" (moved). + + + + + + + + +End of Project Gutenberg's The Art or Crafte of Rhetoryke, by Leonard Cox + +*** END OF THIS PROJECT GUTENBERG EBOOK THE ART OR CRAFTE OF RHETORYKE *** + +***** This file should be named 25612-8.txt or 25612-8.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/2/5/6/1/25612/ + +Produced by Greg Lindahl, Linda Cantoni, and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +file was produced from images generously made available +by the Bibliothèque nationale de France (BnF/Gallica) at +http://gallica.bnf.fr) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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