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.]