that had .iij. children was more fauoured for he was exempted from al outward ambassages Againe he that had fyue childen was discharged and free from all personal office as to haue the gouernaunce or patronage of younge ientlemeÌ„ the whiche in those daies was a great charge ful of paines without any profit at al. He that had .xiij. children was free by the Emperour Iulianus law not onely froÌ„ beyng a maÌ„ at Armes or Captaine ouer horsemen but also froÌ„ al other offices in the coÌ„mune weale And the wise founders of all lawes geue good reason why suche fauor was shewed to maried folke For what is more blesseful thaÌ„ to liue euer Now where as nature hath denied this Matrimony doth geue it by a certaine sleyght so muche as maye be Who dothe not desire to be bruted and liue through fame emoÌ„g men hereafter Now there is no buildinge of pillers no exectinge of Arches no blasinge of Armes thaâ— dothe more sette forthe a mannes name then doth the encrease of childreÌ„ Albinus obteined his purpose of the Emperour AdriaÌ„ for none other desert of his but y t he had begote an house-full of children And therefore the Emperoure to the hinderauÌ„ce of his treasure suffred the children to enter wholye vpon their fathers possession forasmuche as he knewe well that his realme was more strengthened with encrease of children then with store of money Againe all other lawes are neither agreynge for all Countryes nor yet vsed at all times Licurgus made a lawe that they whiche maried not shoulde be kepte in Somer from the sighte of stage playes and other wonderfull shewes and in winter they shoulde go naked aboute the market place and accursinge theim selues they shoulde confesse openly that they hadde iustlye deserued suche punishment because they did not liue accordinge to the lawes And without any more a doe will ye knowe how much our olde Auncesters heretofore estemed Matrimonie Waye well and consider the punishment for breaking of wedlocke The Grekes heretofore thought it mete to punishe the breache of Matrimonie with battaile that continued ten yâ—â—es Yea moreouer not onely by the Romaine lawe but also by the Hebrues and strauÌ„gers aduouterous persons wer punished with death If a thiefe payde .iiij. times the value of that which he toke awaye he was deliuered but an aduouterers offence was punished with the sworde Emonge the Hebrues the people stoned the aduouterers to death with their owne handes because they had broken that without which the worlde could not continue And yet they thought not this sore law sufficient inoughe but graunted further to runne him thorowe withoute lawe that was taken in aduoutrye as who should saye they graunted that to the griefe of maried folke the whiche they woulde hardlye graunte to hym that stode in his owne defence for saufegarde of his life as though he offended more haynously that â—oke a mans wife then he did that toke away a mannes lyfe Assuredly wedlocke muste neades seme to be a mooste holye thinge consideringe that bringe once broken it muste neades be purged with mannes bloude the reuenger wherof is not forced to abide either lawe or iudge the whiche libertie is not grauÌ„ted anye to vse vpon him that hathe killed either his father or his mother But what do we with these Lawes written This is the lawe of Nature not written in the Tables of Brasse but firmelye prynted in oure myndes the whiche Lawe whosoeuer dothe not obeye he is not worthye to be called a manne muche lesse shall he be counted a Citezen For if to liue well as the Stoikes wittelye do dispute is to folowe the course of Nature what thinge is so agreynge with Nature as Matrimonye For there is nothinge so naturall not onelye vnto mankinde but also vnto all other liuinge creatures as it is for euerye one of theim to kepe their owne kinde from decaye and throughe encrease of issue to make the whole kinde immortall The whiche thinge all menne knowe can neuer be dooen withoute wedlocke and carnall copulation It were a fowle thinge that brute beastes shoulde obeye the lawe of Nature and menne like Gyauntes shoulde fighte againste Nature Whose worcke if we woulde narowly loke vpon we shall perceyue that in all thinges here vpon earthe she woulde there shoulde be a certaine spice of mariage I wil not speake nowe of Trees wherin as Plinie mooste certainelye writeth there is founde Mariage with some manifeste difference of bothe kyndes that excepte the housbande Tree do leane with his boughes euen as thoughe he shoulde desire copulation vpon the womenne Trees growynge rounde aboute him they woulde elles altogether ware barraine The same Plinie also dothe report that certaine aucthoures do thincke there is bothe male and female in all thinges that the Earthe yeldeth I will not speake of precious stones wherein the same aucthoure affirmeth and yet not he onelye neither that there is bothe male and female emonge theim And I praye you hath not GOD so knitte all thinges together with certaine lynckes that one euer semeth to haue neade of another What saye you of the skye or firmamente that is euer stirrynge with contiuuall mouinge Dothe it not playe the parte of a husbande while it puffeth vp the Earthe the mother of all thinges and maketh it fruitefull with castinge seede as a manne woulde saye vpon it But I thincke â— ouer tedious to runne ouer all thinges And to what â—â—de are these thinges spoken Marye sir because we might vnderstande that throughe Mariage all thingâ—s are and do styll continue and withoute the same all thinges do decaye and come to noughte The olde auncient and moste wise Poâ—tes do feyne who hadde euer a desire vnder the coloure of fables to set forthe preceptes of Philosophie that the Giauntes whiche had snakes fete and were borne of thearth builded greate hilles that mounted vp to heauen minding thereby to be at vtter defiaunce with God and all his aungelles And what meaneth this fable Marye it sheweth vnto vs that certaine fierce and sauage menne suche as were vnknowen coulde not abide wedlocke for anye worldes good and therâ—fore they were stricken downe headelonge with lighteninge that is to saye they were vtterlye destroyed when they soughte to â—schue that whereby the weale and saulfegarde of all mankinde onelye dothe â—onsiste Nowe againe the same Poetes do declare that Orpheus the musician and minstrell did styrre and make softe with his pleasaunte melodye the mooste harde rockes and stones And what is their meaninge herein Assuredlye nothinge elles but that a wise and well spoken manne did call backe haâ—de harted menne suche as liued abroade like Beastes from opâ—n whoredome and brought them to lyue after the mooste holye lawes of Matrimonye Thus we se plainelye that suche a one as hathe no minde of Mariage semeth to be no manne but rather a Stone an enemye to Nature a rebel to God him selfe seking through his owne â—olye
it better with wicked whore dome and inceste to prouide for their posteritie than to suffer their stocke to die for euer and wil not you with honest Godly and châ—ist Mariage whiche shalbe without trouble and turne to your greate pleasure haue a regarde to your posteritie most like elles for euer to decaie Therfore let them on Goddes name folow the purpose of chaist Hippolitus let them lyue a syngle life that either can bee maried men and yet can gette no children or els suche whose stocke may be continued by meanes of other their kynsfolke or at the least whose kyndred is suche that it were better for the commune weale they were all deade than that any of that name shoulde be a lyue or elles suche men as the euerliuyng God of his moste especiall goodnes hath chosen out of the whole worlde to execute some heauenly office wherof there is a marueilouse smal nomber But whereas you accordyng to the reporte of a Phisicion that neither is vnlearned nor yet is any lyar are lyke to haue many children hereafter seeyng also you are a man of greate landes and reuenues by your auncesters the house whereof you came beyng bothe right honourable and right auncient so that you coulde not suffer it to perishe without youre great offence and greate harme to the commune weale againe seeyng you are of lustie yeares and very comely for your personage and may haue a maide to your wyfe suche a one as none of your countrie hath knowen any to bee more absolute for all thynges commyng of as noble a house as any of theim a chaiste one a sobre one a Godlie one an excellent fayre one hauyng with her a wonderfull Dowrie seeyng also youre frendes desyre you your kynsfolke weâ—e to wynne you your Cosyns and aliaunce are earnest in hande with you your countrie calles and cries vpon you the asshes of your auncesters from their graues make harty sute vnto you do you yet holde backe do you stil mynde to lyue a syngle lyfe Yf a thyng were asked you that were not halfe honest or the whiche you could not wel compasse yet at the instaunce of your frendes or for the loue of your kynsfolke you woulde be ouercome and yelde to their requestes Then howe muche more reasonable were it that the wepyng teares of your frendes the hartie good wil of your countrie the deare loue of your elders might wynne that thyng at your handes vnto the whiche bothe the lawe of God and man doth exhorte you nature pricketh you forwarde reason leadeth you honestie allureth you so many commodities cal you and last of all necessitie it selfe doeth constraine you But here an ende of al reasonyng For I trust you haue now and a good while ago chaunged your mynde thorowe myne aduise and taken your selfe to better counsell ¶ Of Exhortation THe places of exhortyng and dehortyng are the same whiche wee vse in perswadyng and dissuadyng sauyng that he whiche vseth perswasion seeketh by argumeÌ„tes to compasse his deuise he that laboures to exhorte doeth stirre affections Erasmus sheweth these to be the most especiall places that do perteine vnto exhortation Praise or Commendacion Expectation of al men Hope of victorie Hope of renowme Feare of shame Greatnesse of rewarde Rehersall of examples in all ages and especially of thynges lately doen. PRaisyng is either of the man or of some deede doen. We shall exhorte men to doe the thyng if we showe them that is a worthy attempte a Godly enterprise suche as fewe men hetherto haue aduentured In praisyng a man we shal exhorte hym to go forwarde consideryng it agreeth with his wounted maÌ„hode and that hetherto he hath not slacked to hasarde boldely vpon the best and worthiest deedes requiryng hym to make this ende aunswereable to his mooste worthie begynnynges that he maye ende with honour whiche hath so long continued in suche renowme For it were a foule shame to lose honour through folie whiche hath been gotte through virtue and to appere more slacke in kepyng it than he semed â—arefull at the first to atteine it Againe whose name is renowmed his doynges from time to tyme wil be thought more wonderfull and greater promises wil men make vnto them selues of suche mens aduentures in any commune affaires than of others whose vertues are not yet knowne A notable Master of fence is marueilouse to beholde and men looke earnestly to see hym doe some wonder howe muche more will they looke when they heare tel that a noble Captaine an aduenturouse Prince shal take vpon hym the defence and sauegarde of his countrie against the ragyng attemptes of his enemies Therfore a noble man can not but go forwarde with most earnest wil seyng al men haue suche hope in hym and count hym to bee their onely comforte their fortresse and defeâ—se Aâ—d the rather to encourage suche right worthie we may put them in good hope to compasse their attempte yf wee showe them that God is an assured guide vnto all those that in an honest quarell aduenture them selues and showe their manly stomake Sathan hym selfe the greatest aduersarie that man hath yeldeth lyke a captiue when GOD dothe take our parte muche sooner shal al other be subiecte vnto hym and crye Peccaui for if God be with hym what matereth who be against hym Nowe when victorie is got what honour doeth ensewe here openeth a large fielde to speake of renowme fame and endles honour In all ages the worthiest men haue alwaies aduentured their carcases for the sauegarde of their countrie thynkyng it better to dye with honor than to liue with shame Againe the ruine of our Realme shoulde put vs to more shame than the losse of our bodies should turne vs to smarte For our honestie beyng stained the paine is endles but our bodies beyng gored either the wounde maie sone be healed or elles our paine beyng sone ended the glory endureth for euer Lastely he that helpeth the nedelesse defendeth his poore neighbours in the fauour of his countrie bestoweth his lyfe wil not God besides al these place hym where he shall lyue for euer especially seeyng he hath doen all these enterprises in faith and for Christes sake Nowe in al ages to recken suche as haue bene right souerayne and victoriouse what name gotte the worthie Scipio that withstood the rage of Annibal what Brute hath Cesar for his most worthie coÌ„questes What triuÌ„phe of glory doth sounde in al mennes eares vpon the onely namyng of mightie Alexander and his father Kyng Philippe And now to come home what head caÌ„ expresse the renowmed Henry the fifte Kyng of Englande of that name after the conquest What witte can sette out the wonderful wysedom of Henry the seuenth and his greate foresight to espie mischiefe like to ensewe and his politique deuises to escape daungers to subdewe rebelles and mainteyne peace ¶ Of mouyng pitie and stirryng men to shewe mercie LIkewise we may exhorte
rudelye sette forthe but also be driuen to sette this simple Traictise to your Lordshyppe to Schole that it may learne Rhetorique of youre daylye talke fyndynge you suche an Oratoure in your speach as greate Clarckes do declare what an Oratoure shoulde be In the meane season I shall ryghte humblye beseche your good Lordshippe so to be a Patrone and defendoure of these my Laboures to you dedicated as I shal be a continuall peticioner vnto almyghtye God for your preseruation and longe continuaunce ¶ Eloquence first geuen by God after loste by man and laste repayred by God agayne MAn in whom is poured the breathe of lyfe was made at hys firste beinge an euerliuynge Creature vnto the likenes of God endued with reason and appoynted Lorde ouer all other thinges liuing But after the fall of our firste father Sinne so crepte in that our knowledge was muche darkened and by corruption of this oure fleshe mans reason and entendement were bothe ouerwhelmed At what time God beinge sore greued with the folye of one man pitied of his mere good uesse the whole state and posteritie of mankinde And therefore wher as throughe the wicked suggestion of our ghostelye enemye the ioyfull fruition of Goddes glorye was altogether loste it pleased our heauenly father to repayre mankynde of hys free mercye and to graunte an euerliuynge enheritaunce vnto all suche as woulde by constante fayth seeke earnestlye thereafter Longe it was ere that man knewe himselfe beinge destitute of Gods grace so that al thinges waxed sauage the earth vntilled societye neglected Goddes will not knowen man againste manne one agaynste another and all agaynste order Some liued by spoyle some like brute Beastes grased vpon the ground some wente naked some romed lyke woodoses none did anye thing by reason but most did what they could by manhode None almoste considered the euerliuynge God but all liued moste communely after their owne luste By death they thoughte that all thinges ended by life they loked for none other liuynge None remembred the true obseruation of wedlocke none tendered the education of their chyldren lawes were not regarded true dealinge was not once vsed For vertue vyce â—are place for right equitie might vsed aucthoritie And therfore where as man through reason might haue vsed order manne throughe follye fell into erroure And thus for lacke of skill and for wante of grace euyll so preuayled that the Deuyll was mooste estemed and GOD either almost vnknowen emonge theim all or elles nothinge feared emonge so manye Therefore euen nowe when man was thus paste all hope of amendemente God still tendering his owne workemanship stirred vp his faythfull and elect to perswade with reason all men to societye And gaue his appoynted ministers knowledge bothe to se the natures of men and also graunted them the gift of vtteraunce that they myghte wyth ease wynne folke at their will and frame theim by reason to all good order And therefore where as Menne lyued Brutyshlye in open feldes hauing neither house to shroude them in nor attyre to clothe their backes nor yet anye regarde to seeke their best auayle these appoynted of God called theim together by vtteraunce of speache and perswaded with them what was good what was badde and what was gainefull for mankynde And althoughe at firste the rude coulde hardelie learne either for straungenes of the thing would not gladlye receyue the offer or els for lacke of knoweledge could not perceyue the goodnes yet being somewhat draweÌ„ and delighted with the pleasauÌ„tnes of reason the swetenes of vtterauÌ„ce after a certaine space thei became through nurture and good aduisement of wilde sober of cruel gentle of foles wise and of beastes men Suche force hath the tongue and such is the power of eloquence and reason that most men are forced euen to yelde in that whiche most standeth againste their will And therfore the Poetes do feyne that Hercules being a man of greate wisdome had all men lincked together by the eares in a chaine to draw them and leade them euen as he lusted For his witte was so greate his tongue so eloquente his experience suche that no one man was able to withstand his reason but euerye one was rather driuen to do that whiche he woulde and to wil that whiche he did agreing to his aduise both in word worke in all that euer they were able Neither can I see that menne coulde haue bene broughte by anye other meanes to lyue together in felowshyppe of life to mayntayne Cities to deale trulye and willyngelye to obeye one another if menne at the firste hadde not by Art and eloquence perswaded that which they ful oft found out by reason For what manne I praye you beinge better ablâ— to maintayne him selfe by valeante courage then by liuing in base subiection would not rather loke to rule like a lord then to lyue lyke an vnderlynge if by reason he were not perswaded that it behoueth euerye man to lyue in his owne vocation and not to seke anye hygher rowme then whereunto he was at the first appoynted Who woulde digge and delue from morne till euening Who woulde trauaile and toyle with the sweaâ—e of his browes Yea who woulde for his kynges pleasure aduenture and hasarde his life if witte hadde not so wonne men that they thought nothing more nedefull in this world nor anye thing wherunto they were more bounden then here to liue in their duty and to traine their whole lyfe accordynge to their callynge Therfore where as menne are in manye thynges weake by Nature and subiecte to much infirmitye I thinke in this one point they passe all other Creatures liuynge that they haue the gift of speache and reason And emonge all other I thinke him most worthye fame and emongest menne to be taken for halfe a God that therin dothe chiefelye and aboue all other excell menne wherin men do excell beastes For he that is emonge the reasonable of all moste reasonable and emonge the wittye of all moste wittye and emonge the eloquente of all mooste eloquente him thincke I emonge all menne not onelye to be taken for a singuler manne but rather to be counted for halfe a God For in sekynge the excellencye hereof the soner he draweth to perfection the nygher he commeth to GOD who is the chiefe wisdome and therefore called God because he is most wise or rather wisdome it selfe Nowe then seinge that God geueth his heauenlye grace vnto all suche as call vnto him with stretched handes and humble harte neuer wantynge to those that wante not to them selues I purpose by his grace and especial assistence to set forthe preceptes of eloquence and to shewe what obseruation the wise haue vsed in handeling of their matters that the vnlearned by seinge the practise of other may haue some knowledge them selues and learne by their neyghbours deuise what is necessarye for them selues in their owne case The arte of Rhetorique what is Rhetorique RHetorique is an art to set furthe
his cause the Rhetorician is alwaies knowne ¶ The places of Logique are these Definition Causes Partes Effectes Thyâ—ges adioyâ—yâ—g Contraries I Do not se otherwise but that these places of Logique are confounded with thother iiiij of confirmacion or rather I thinke these of Logique must first be mynded ere thother can well be had For what is he that can cal a thyng honest by reason proue it except he first knowe what the thyng is the whiche he can not better doe then by definyng the nature of the thyng Againe how shal I know whether myne attempte be easie or hard if I know not the efficient cause or be assured how it maie be doen. In affirmyng it to be possible I shall not better knowe it then by searchyng thende and learnyng by Logique what is the final cause of euery thyng ¶ An example in commendacion of Iustice or true dealyug SO many as loke to liue in peaceable quietnesse beyng mynded rather to folowe reason than to be led by wilfull affection desire iustice in al thynges without the which no countrie is able long to coÌ„tinue Then may I be bolde to commende that whiche all men wishe fewe can haue whiche all men loue none can want not doubtyng but as I am occupied in a good thyng so al good men wil heare me with a good wil. But woulde God I were so wel able to perswade all men to Iustice as al men know the necessarie vse therof and then vndoubtedly I woulde be muche boulder and force some by violence whiche by faire wordes can not be entreated And yet what nedes any perswasion for that thyng whiche by nature is so nedeful by experience so profitable that looke what we want without iustice we get not loke what we haue without iustice we kepe not God grauÌ„t his grace so to worke in the hartes of al men that they may aswel practise well doyng in their owne lyfe as they would that other should folowe iustice in their lyfe I for my part wil bestow some labor to set forth the goodnes of vpright dealing that al other men the rather may do therafter That if through my wordes God shal worke with any man than may I thynke my self in happy case reioyce much in the trauaile of my wit And how can it be otherwyse but that al men shalbe forced inwardly to allowe that whiche in outwarde acte many do not folowe seyng God poured first this law of nature into mans hart grauÌ„ted it as a meane wherby we might know his wil as I might saie talke with him groundyng stil his doinges vpoÌ„ this poinct that maÌ„ should do as he would be done vnto the whiche is nothyng elles but to lyue vprightly without any wil to hurte his neighbour And therfore hauyng this light of Goddes wil opened vnto vs thorowe his mere goodnesse we ought euermore to referre al our actions vnto this ende both in geuyng iudgement and deuisyng lawes necessarie for mans lyfe And here vpon it is that when men desire the lawe for trial of a matter they meane nothyng elles but to haue iustice the whiche iustice is a vertue that yeldeth to euery man his owne to the euer liuyng God loue aboue al thynges to the Kyng obedience to the inferiour good counsel to the poore maÌ„ mercie to the hateful and wicked sufferaunce to it self truthe and to al men perfite peace and charitie Now what can be more said in praise of this vertue or what thyng can be like praised Are not al thynges in good case when al men haue their owne And what other thyng doeth iustice but seketh meanes to contente al parties Then how greatly are they to be praised that meane truely in al thâ—ir doynges and not onely do no harme to any but seke meanes to helpe al. The sunne is not so wonderful to the world saith Aristotel as the iust dealyng of a gouernour is merueilous to al meÌ„ No the yerth yeldeth not more gaine to al creatures than doth the iustice of a Magistrate to his whole Realme For by a lawe we liue and take the fruites of the yearth but where no law is nor iustice vsed there nothyng caÌ„ be had though al thynges be at hande For in hauyng the thyng we shall lacke the vse and liuyng in great plentie we shal stande in great nede The meane therfore that maketh men to enioye their owne is iustice the whiche beyng ones taken away all other thynges are lost with it neither can any one saue that he hath nor yet get that he wanteth Therfore if wroÌ„g doyng shoulde be borne withal and not rather punished by death what man coulde lyue in reste Who coulde be suer either of his lyfe or of his liuyng one whole day together Now because euery man desiereth the preseruation of hym selfe euery man should in lyke case desire the sauegarde of his neighbour For if I shoulde wholly mynde myne own ease and folowe gaine without respect to the hinderaunce of myne euen Christian why should not other vse thesame libertie and so euery man for hymselfe and the deuil for vs al catche that catche may The whiche custome if all men folowed the earth woulde soone be voide for want of men one woulde be so gredie to eate vp an other For in sekyng to lyue we shoulde lose our lyues in gapyng after gooddes we shoulde soone go naked Therefore to represse this rage and with holsome deuises to traine men in an order God hath lightened man with knowledge that in al thynges he may se what is right and what is wrong and vpon good aduisement deale iustly with al men God hath created al thynges for mans vse and ordeined man for mannes sake that one man might helpe another For thoughe some one haue giftes more plentifully then the coÌ„mune sorte yet no man can liue alone without helpe of other Therfore we shoulde striue one to helpe another by iuste dealyng some this way some that way as euery one shal haue nede and as we shalbe alwaies best able wherein the lawe of nature is fulfilled and Goddes commaundemeÌ„t folowed We loue them here in yearth that geue vs faire wordes and we can be content to speake wel of them that speake wel of vs and shall we not loue them and take them also for honest men whiche are contented from tyme to time to yelde euery maÌ„ his owne and rather woulde dye then consent to euill doyng If one be ientle in outwarde behauiour we lyke hym wel and shal we not esteme hym that is vpright in his outward liuyng and like as we desire that other should be to vs ought not we to bee likewyse affected towardes them Euen emong brute beastes nature hash appoincted a law shal we men lyue without a lawe The Storke beyng not able to feede her selfe for age is fedde of her youngones wherin is declared a natural loue and
wholly to praise any body nor yet to determine any matter in coÌ„trouersie but the whole compasse of this cause is either to aduise our neighbour to that thyng whiche we thynke most nedeful for hym or els to cal him backe froÌ„ that folie which hindereth muche his estimacion As for exaÌ„ple if I would counseil my frende to trauaile beyond the Seas for knowlege of the tongues experience in forein countries I might resorte to this kinde of Oration finde matter to coÌ„firme my cause plentifully And the reasons which are commonly vsed to enlarge suche matters are these that folowe The thyng is honest Saufe Profitable Easie. Pleasaunt Harde Lawful and meete Praise worthie Necessarie NOW in speakyng of honestie I may by deuision of the vertues make a large walke Againe loke what lawes what customes what worthie dedes or saiynges haue bene vsed heretofore all these might serue wel for the confirmacion of this matter â–ª lastly where honestie is called in to establish a cause there is nature and God hym selfe present from whome commeth al goodnesse In the seconde place where I spake of profite this is to be learned that vnder the same is comprehended the gettyng of gaine and the eschewyng of harme Againe concernyng profite which also beareth the name of goodnesse it partely perteineth to the bodie as beautie strength and healthe partely to the mynde as the encrease of witte the gettyng of experience and heaping together of muche learnyng and partely to fortune as Philosophers take it wherby bothe wealth honor and frendes are gotten Thus he that diuideth profite can not want matter Thirdely in declaryng it is pâ—easaunt I might heape together the varietie of pleasures whiche comme by trauaile firste the swetnesse of the tongue the holsomnesse of the ayer in other countries the goodly wittes of the ientlemen the straunge and auncient buildynges the wonderful monumentes the great learned Clerckes in al faculties with diuerse other like and almost infinite pleasures The easines of trauaile may thus beperswaded if we shew that freepassage is by wholsoÌ„ lawes appointed for al strauÌ„gers waie fairers And seyng this life is none other thyng but a trauaile we as pilgrymes wander froÌ„ place to place muche fondenesse it were to thinke that hard which nature hath made easie yea pleasaunt also None are more healthful none more lusty none more mery none more stroÌ„g of body theÌ„ suche as haue trauailed countries Mary vnto them that had rather sleape al day then wake one houre chosyng for honest labour sleuthful ydlenesse thinking this life to be none other thyng but a continual restyng place vnto suche pardy it shall seme painfull to abide any labour To learne Logique to learne the Lawe to sâ—me it semeth so harde that nothyng can enter into their heddes and the reason is that thei wanâ— a will and an eaâ—nest mynde to do their endeuour For vnto a willyng harâ—e nothyng can bee harde laie lode on suche a manneâ— backe and his good harce maie soner make his backe to aâ—e then his good will can graunt to yelde and refuse the weighte And now where the sweete hath his sower ioyned with hym it shalbee wisedome to speake some what of it to mitigate the sowernesse thereof as muche as maie be possible That is lawfull and praise worthy whiche lawes dooe graunt good men do allowe experience commendeth and men in all ages haue moste vsed A thyng is necessary twoo maner of waies Firste when either we must do some one thyng or els do worse As if one should threaten a woman to kill her if she would not lie w t him wherin appereth a forcible necessitie As touchyng trauaile we might saie either a man must be ignoraunt of many good thinges and want greate experience or els he must trauaill Now to be ignoraunt is a greate shame therefore to trauaill is moste nedefull if we will auoyde shame The other kynde ef necessitie is when we perswade men to beare those crosses paciently whiche God doeth sende vs consideryng will we or nill we nedes must we abide them ¶ To aduise one to study the lawes of Englande AGain when we se our frende enclined to any kynde of learnyng wee muste counsaill hym to take that waie still and by reason perswade hym that it wer the metest waie for hym to dooe his countrey moste good As if he geue his mynde to the Lawes of the realme and finde an aptnes thereunto we maie aduise hym to continue in his good entent and by reason perswade hym that it were moste mete for him so to do And first we might shew hym that the study is honest and godly consideryng it onely foloweth Iustice and is grounded wholy vpon naturall reason Wherein we mighte take a large scope if we would fully speake of all thynges that are coÌ„prehended vnder honestie For he that will knowe what honestie is muste haue an vnderstandyng of all the vertues together And because the knowlege of theim is moste necessary I will brifely set them furth There are foure especial and chief vertues vnder whom all other are comprehended Prudence or wisedome Iustice. Manhode Temperaunce PRudence or wisedome for I will here take theim bothe for one is a vertue that is occupied euermore in searchyng out the truthe Nowe wee all loue knowlege haue a desire to passe other therin and thinke it shame to be ignoraunt and by studiyng the lawe the truth is gotten out by knowyng the truth wisedome is attained Wherefore in perswadyng one to studie to Lawe you maie shâ—we hym that he shall get wisedome thereby Under this vertue are comprehended Memorie Understandyng Foresight THE memorie calleth to accompte those thynges that wer doen heretofore and by a former remembrauÌ„ce getteth an after witte and learneth to auoyde deceipt Understandyng seeth thynges presently dooen and perceiueth what is in them waiyng and debatyng them vntill his mynde be fully contented Foresight is a gatheryng by coniectures what shall happen and an euident perceiuyng of thynges to come before thei do come Iustice. Iustice is a vertue gathered by long space geuyng euery one his awne mindyng in all thynges the coÌ„mon profite of our countrey whereunto man is moste bounde and oweth his full obedience Now nature firste taught manne to take this waie and would euery one so to do vnto another as he would be doeâ— vnto hymself For whereas Rain watereth all in like the Sonne shineth indifferently ouer all the fruict of the yerth encreaseth equally God warneth vs to bestowe our good wil after thesame sort doyng as duetie byndeth vs and as necessitie shall best require Yea God graunteth his giftes diuersly emong men because he would man should knowe and fele that man is borne for man and that one hath nede of another And therefore though nature hath not stirred some yet through the experieÌ„ce that man hath concernyng his commoditie many haue turned the
and you shall se fewe take any paines No not in the vineyard of the lorde For although none should folowe any trade of life for the gain sake but eueÌ„ as he seeth it is moste necessary for thaduauncement of Gods glory not passe in what estimacion thinges are had in this worlde yet because we are all so weake of wit in our teÌ„der yeres that we cannot weigh with our selfes what is best our body so neshe that it loketh euer to bee cherished wee take that whiche is moste gainfull for vs and forsake that altogether whiche we oughte moste to folowe So that for lacke of honest meanes and for want of good order the best waie is not vsed neither is Goddes honor in our first yeres remembred I had rather saide one make my child a cobler then a preacher a tankerd bearer then a scholer For what shall my sonne seke for learnyng when he shall neuer gette therby any liuyng Set my sonne to that whereby he maie get somewhat Do ye not se how euery one catcheth pulleth froÌ„ the churche what thei can I feare me one day thei will plucke doune churche and all Call you this the Gospell when men seke onely to prouide for their belies care not a grote though their soules go to helle A patrone of a benefice wil haue a poore yngrame soule to beare the name of a persone for .xx. marke or .x. li and the patrone hymself wil take vp for his snapshare as good as an .c. marke Thus God is robbed learnyng decaied England dishonored and honestie not regarded Thold Romaines not yet knowyng Christ and yet beyng led by a reuereÌ„t feare towardes God made this lawe Sacrum sacroue commendatuÌ„ qui clepserit rapseritue parricida est He that shall closely steale or forcibly take awaie that thyng whiche is holy or geuen to the holy place is a murderer of his couÌ„trey But what haue I said I haue a greater matter in hand then wherof I was a ware my penne hath run ouer farre when my leasure serueth not nor yet my witte is able to talke this case in suche wise as it should bee and as the largenesse therof requireth Therefore to my lawyer again whom I doubte not to perswade but that he shall haue the deuill and all if he learne a pase and dooe as some haue dooen before hym Therefore I will shewe howe largely this profice extendeth that I may haue him the soner to take this matter in hand The lawe therefore not onely bryngeth muche gain with it but also auaunceth men bothe to worshippe renoume and honour All men shall seke his fauour for his learnyng sake the best shall like his coÌ„pany for his callyng and his welth with his skill shalbe suche that none shalbe able to woorke hym any wrong Some consider profite by these circumstaunces folowyng To whom When. Where Wherefore NEither can I vse a better order then these circumstaunces minister vnto me To whom therefore is the Lawe profitable Marie to them that bee best learned that haue redy wittes and will take paines When is the lawe profitable Assuredly both now and euermore but especially in this age where all men go together by the eares for this matter and that matter Suche alteracion hath been heretofore that hereafter nedes muste ensue muche altercacion And where is all this a do Euen in litle Englande or in Westminster hall where neuer yet wanted busines nor yet euer shall Whereâ—â—â—e is the lawe profitable Undoubtedly because no manne could hold his awne if there were not an order to staie vs and a Lawe to restrain vs. And I praie you who getteth the money The lawyers no doubt And were not lande sometymes cheaper bought then got by the triall of a lawe Do not men commonly for trifles fall out Some for loppyng of a tree speÌ„des al that euer thei haue another for a Gose that graseth vpon his ground tries the lawe so hard that he proues him self a Gander Now when men bee so mad is it not easie to gette money emong theim Undoubtedly the lawyer neuer dieth a begger And no maruaill For an C. begges for hym and makes awaie all that thei haue to get that of hym the whiche the oftener he bestoweth the more still he getteth So that he gaineth alwaies aswell by encrease of lernyng as by storyng his purse with money wheras the other get a warme sonne often tymes and a flappe with a foxe 〈◊〉 for al that euer thei haue spent And why woulde they Tushe if it were to do againe thei would do it therfore the lawyre can neuer want a liuyng til the yearth want men and al be voyde ¶ The lawe easie to many and harde to some I Doubt not but my lawyer is perswaded that the law is profitable now must I beare him in haÌ„d that it is an easie matter to become a lawier â–ª the whiche if I shalbe able to proue I doubt not but he will proue a good lawier that right shortly â–ª the law is grouÌ„ded vpon reason And what hardenesse is it for a man by reason to fynde out reason That can not be straung vnto him the grounde wherof is graffed in his brest What though the lawe be in a straunge tongue the wordes may be gotte without any paine when the matter selfe is compast with ease Tushe a litle lawe will make a greate showe and therfore though it be muche to becomme excellent yet it is easie to get a taist And surely for getting of money a litle wil do asmuche good oftentymes as a greate deale There is not a word in the law but it is a grote in y e lawiers purse I haue know â—e diuâ—rse that by familiar talkyng moutyng together haue comme to right good learning without any great booke skil or muche beating of their braine by any close studie or secrete musyng in their chaÌ„ber But where some say the lawe is very harde and discourage young men from the studie therof it is to be vnderstande of suche as wil take no paines at al nor yet mynde the knowlege therof For what is not hard to man when he wanteth wil to do his best As good slepe and saie it is harde as wake and take no paines The lawe Godly Iuste Necessarie Pleasaunt WHat nedeth me to proue the lawe to be Godly iust or necessarie seeyng it is grounded vpon Goddes wil and all lawes are made for the maintenaunce of iustice If we will not beleue that it is necessarie let vs haue rebelles againe to disturbe the Realme Our nature is so fonde that we knowe not the necessitie of a thyng til wee fynde some lacke of the same Bowes are not estemed as they haue bene emong vs Englishmen but if we were ones well beaten by our enemies wee shoulde soone knowe the wante and with feelyng the smarte lament muche our folie Take awaie the lawe and take awaie our lifes for nothyng mainteineth our wealthe
iiii Ambiguitye or doubtfulnes v. Probation by thinges like vi Chalengynge or refusinge Definition what it is THen we vse to define a matter when wee can not agree vpon the nature of some word the which we learne to know by askyng the question what it is As for example Where one is apprehended for killing a man we laye murder to his charge wherupon the accused person when he grauÌ„teth the killing and yet denieth it to be murder we must straight after haue recourse to the definition and aske what is murder by defininge whereof and comparing the nature of the word with his dede done we shall sone know whether he committed murder or manslaughter Contrarye lawes IT often happeneth that lawes seme to haue a certaine repugnancie wherof emoÌ„g many riseth much coÌ„tencioÌ„ wher as if both y e lawes wer wel weied coÌ„sidered according to their circuÌ„stances thei wold appeare nothing contrari in matter though in wordes they seme to dissent Christ geueth warning chargeth his disciples in the .x. of Math. that they preach not the glad tidinges of his coÌ„ming into the world to the Gentils but to the Iewes only vnto whom he was sent by his father And yet after his resurrection we do read in the last of Mat. that he commaunded his disciples to go into all the whole world and preach the glad tidinges of his passion raunsome paied for al creatures liuing Now though these .ii lawes seme contrary yet it is nothing so For if the Iewes would haue receiued Christ acknowleged him their sauioure vndoutedly they had bene the onelye children of God vnto whom the promise and couenaunt was made from the beginninge But bicause they refused their Sauiour and crucified the Lord of glory Christ made the lawe generall and called all men to life that woulde repent promisinge saluation to all suche as beleued and were baptised So that the particuler law beyng nowe abrogated muste â—â—ades geue place to the superioure Foure lessons to be obserued where contrarye lawes are called in question i. The inferioure law must geue place to the superiour ii The lawe generall muste yelde to the speciall iii. Mans lawe to Gods lawe iiii An olde lawe to a newe lawe There be Lawes vtterde by Christes owne mouthe the whiche if they be taken accordinge as they are spoken seme to conteyne great absurditie in them And therfore the mind of the lawe maker muste rather be obserued then the bare wordes taken onely as they are spoken Christ sayth in the v. of Mathew If thy right eye be an offence vnto thee plucke him out and caste him awaye from thee If one geue the a blowe of thy ryghte cheke turne to him agayne thy lefte cheke There be some Eunuches that haue gelded theÌ„selfes for the kyngdome of heauen Go and sell all that thou hast and geue it to the poore He that doeth not take vp his crosse and folowe me is not worthy of me In all whiche sentences there is no suche meanyng as the bare wordes vttered seme to yelde Pluckyng out of the iye declares an auoydyng of all euill occasions receiuyng a blowe vpon the lefte cheke coÌ„mendes vnto vs modestie and pacience in aduersitie Geldyng signifieth a subduyng of affeccions tamyng the foule luste of pleasure vnto the will of reason Go and sell all declares we should be liberal and glad to part with our gooddes to the poore and neady Bearyng the Crosse beâ—oâ—â—â—eth sufferance of all sorowes and miseries in this worlde Now to proue that the will of the lawe maker is none other then I haue saied I maie vse the testimonies of other places in the Scripture and compare theim with these sentences and so iudge by iuste examinacion and diligent searche the true meanyng of the lawe maker ¶ Ambiguitee SOmetymes a doubt is made vpon some woorde or senteÌ„ce when it signifieth diuerse thynges or maie diuersly be taken wherupon full oft ariseth muche contencion The lawyers lacke no cases to fil this parte full of examples For rather then faile thei will make doubtes ofteÌ„ tymes where no doubt should be at all Is his Lease long enough ê™ one yea sir it is very long saied a poore husbande man Then ê™ he let me alone with it I wil finde a hole in it I warrant thee In all this talke I excepte alwaies the good lawyers and I maie well spare theim for thei are but a fewe ¶ Probacion by thynges like WHen there is no certain lawe by expresse wordes vttered for some heinous offender we maie iudge the offence worthy deathe by rehersall of some other Lawe that soundeth muche that waie As thus The ciuil lawe appoyncteth y t he shalbe put in a sacke and cast in the Sea that killeth his father well then he that killeth his mother should by all reason in like sort be ordered It is lawfull to haue a Magistrate therefore it is lawfull to plead matters before an officer And thus though the last caÌ„not be proued by expresse wordes yet thesame is fouÌ„d lawfull by rehersall of the first ¶ Chalengyng or refusyng WE vse this order when wee remoue our sewtes from one Courte to another as if a manne should appele from the Common place to the Chauncerie Or if one should bee called by a wrong name not to answere vnto it Or if one should refuse to answere in the spirituall court and appele to the lorde Chauncellor ¶ The Oracion of right or wrong called otherwise the state Iuridiciall AFter a deede is well knowen to be doen by some out persone we go to the next and searche whether it be right or wrong And that is when the maner of doyng is examined and the matter tried through reasonyng and muche debatyng whether it be wrongfully doen or otherwise ¶ The diuision THis state of right or wrong is twoo waies diuided wherof the one is when the matter by the awne nature is defended to bee righte without any further sekyng called of the RhetoriciaÌ„s the state absolute The other vsyng litle force or strengthe to maintein the matter is when outward help is sought and bywaies vsed to purâ—hase fauour called otherwise the state assumptiue ¶ Places of confirmacion for the first kynd are seuen j. Nature if self ij Goddes lawe and mannes lawe iij. Custome iiij Aequitie v. True dealyng vj. Auncient examples vij Couenauntes and deedes autentique TUllie in his moste worthy Oracion made in behalfe of Milo declareth that Milo slewe Clodius moste lawfully whom Clodius sought to haue slain moste wickedly For ê™ Tullie if nature haue graffed this in man if lawe haue confirmed it if necessitie haue taught iâ— if custome haue kept it if aequitie haue mainteined it if true dealyng hath allowed it if all common weales haue vsed it if deedes auncient haue sealed this vp that euery creature liuyng should fense it self against outward violence no maÌ„ can thinke that Milo hath dooen wrong in killyng of Clodius except you thinke that
when menne mete with theues either thei must be slain of theim or els condempned of you ¶ Places of confirmacion for the seconde kynde are foure Grauntyng of the faulte committed Blamyng euill companie for it Comparyng the fault and declaryng that either thei must haue doen that or els 〈◊〉 doen worse Shiftyng it from vs and shewyng that wee did it vpon commaundement COnfessyng of the faulte is when the accused person graunteth his crime and craueth pardon thereupon leauyng to aske iustice leanyng wholy vnto mercie ¶ Confession of the faulte vsed twoo maner of waies The first is when one excuseth hymself that he did it not willyngly but vnwares and by chaunce The second is when he asketh pardone for the fault doen consideryng his seruice to the common weale and his worthy deedes heretofore dooen promisyng amendement of his former euill deede the whiche wordes would not be vsed before a Indge but before a kyng or generall of an armie For the Iudges muste geue sentence accordyng to the Lawe the Kyng maie forgeue as beyng aucthour of the lawe and hauyng power in his hande maie do as he shall thinke best Blamyng other for the faulte doen is when wee saie that the accused persone would neuer haue doen suche a deede if other against whoÌ„ also this accusacion is intended had not been euill men and geuen iust cause of suche a wicked dede Comparyng the fault is when we saie that by flaiyng an euill man we haue doen a good dede cuttyng awaie the corrupte and rotten member for preseruacion of the whole body Or thus some sette a whole toune on fire because their enemies should haue none aduauÌ„tage by it The Saguntynes beeyng tributarie to the Romaines slewe their awne children burnte their goodes and fired their bodies because thei would not be subiecte to that cruell Haniball and lose their allegiaunce due to the Romaines Shiftyng it froÌ„ vs is when we saie that if other had not set vs on wee would neuer haue attempted suche an enterprise As often tymes the souldiour saieth his Capitaines biddyng was his enforcement the seruaunt thynketh his Maisters commaundemente to bee a sufficient defence for his discharge The ende of the first Booke ¶ The seconde Booke NOw that I haue hetherto set furthe what Rhetorique is whereunto euery Orator is moste bounde what the causes bee bothe in their nature and also by nomber that comprehende euery matter what places serue to confirme euery cause I thinke it is moste mete after the knowlege of all these to frame an OracioÌ„ accordingly to shewe at large the partes of euery Oracion but specially suche as are vsed in iudgement that vnto euery cause apte partes maie euermore bee added For euery matter hath a diuerse beginnyng neither al coÌ„trouersies or matters of weight should alwaies after one sort be rehersed nor like reasons vsed nor one kynd of mouyng affeccioÌ„s occupied before all men in euery matter And therfore wheras I haue briefly spoken of theÌ„ before I wil now largely declare them and shewe the vse of theim in euery matter that â—ometh in debate is nedeful through reason to be discussed ¶ An enteraunce two waies diuided THe first is called a plain beginnyng when the hearer is made apte to geue good care out of hande to that whiche shall folowe The second is a priuey twinyng or close creping in to win fauor with muche circuÌ„staunce called insinuacion For in all matters that man taketh in hande this consideracion ought first to be had that we first diligeÌ„tly expend the cause before wee go through with it that wee maye bee be assured whether it be lawfull or otherwise And not onely this but also we must aduisedly marke the menne before whom wee speake the men against whom we speake and all the circumstaunces whiche belong vnto the matter If the matter bee honest godly and suche as of righte ought to bee well liked we maie vse an open beginnyng and will the hearers to reioyce so go through with our parte If the cause be lothsome or suche as will not be well borne withall but nedeth muche helpe and fauour of the hearers it shalbe the speakers parte priuely to get fauour and by humble talke to wynne their good willes Firste requiryng theim to geue him the hearing and next not streightly to geue iudgement but with mercie to mitigate all rigor of the Lawe Or in a coÌ„plaint made whiche the counsail shall greuously stomack to exaggerate it y e more if we se iust cause to set it forward And whereas many often tymes are suspect to speake thynges of malice or for hope of gain or els for a set purpose as who should saie this I can do the wisest will euermore clere themselfes from all suche offences and neuer geue any tokeÌ„ so muche as in them lieth of any light suspicion In accusyng any persone it is best to heape all his faultes together and whereas any thyng semeth to make for hym to extenuate thesame to the outermoste In defendyng any persone it is wisedome to reherse all his vertues first and foremest and with asmuche arte as maie be to wipe awaie suche faultes as were laied to his charge And before all thynges this would be wel marked that whensoeuer we shal largely talke of any matter wee alwaies so inuent and finde out our first enteraunce in the cause that thesame be for euer taken euen from the nature and bowelles therof that al thynges whiche shall first be spoken maie seme to agree with the matter and not made as a Shippe mannes hose to serue for euery legge Now whereas any long talke is vsed the beginnyng thereof is either taken of the matter self or els of the persones that are there present or els of theim against whoÌ„ the accion is entended And because the winnyng or victorie resteth in three poynctes Firste in apt teachyng the hearers what the matter is next in gettyng them to geue good eare and thirdly in winnyng their fauour Wee shall make theim vnderstande the matter easely if firste of all we begin to expounde it plainly and in brief woordes settyng out the meanyng make them harken to our saiynges And by no meanes better shall the standers by knowe what we saie and cary awaie that whiche thei heare then if at the firste wee couche together the whole course of our tale in as smale roume as we can either by definyng the nature and substaunce of our matter or els by diuidyng it in an apte order so that neither the hearers bee troubled with confoundyng of matter and heapyng one thyng in anothers necke nor yet their memorie dulled with ouerthwarte rehersall and disorderly tellyng of our tale Wee shall make the people attentiue and glad to heare vs if wee will promise theÌ„ to speake of weightie matters of wholsome doctrine suche as thei haue heretofore waÌ„ted yea if we promise to tell them thynges coÌ„cernyng
whereas contrary wyse Maydens that haue made a scape are commonly called to bee Nurses yet can it not bee but that the mothers mylke shoulde be muche more naturall for the childe than the mylke of a straunger As by experience let a man be long vsed to one kynde of drynke if the same man chaunge his ayre and his drynke he is lyke to mislyke it Lastely for the mothers howe are they troubled with sore brestes besydes other diseases that happen throughe plentie of mylke â–ª the whiche Phisicians can tell and women full ofte haue felte Lykewyse in speakyng of fastyng I might vse this diuision Firste 〈…〉 godly to fast because the spirite is more free and apâ—er for any good worke Again it is wholesome because thereby euill humours are waisted and many diseases either clerely put awaie or muche abated of their tiraâ—nie Lastly it is profitable because men spende lesse money the lesse bankequetyng that thei vse Therfore if men loue either to be wise godly healthfull or wealthy let theÌ„ vse fastyng forbeare excesse Now vpon a diuision there might also be made a subdiuision as where I saie it is godly to fast I might diuide goâ—linesse into the hearyng of Goddes worde into praâ—yng â—â—uoutly and charitable dealyng with all the worlde Again speakyng of healthe I mighte saie that the whole body is not onely more Iustie with moderate fastyng but al so more apte for al assaies The learned man studieth better when he fasteth then when he is full The couÌ„sailor heareth causes with lesse pain beyng emptie then he shalbe able after a full gorge Again whereas the fiue senses bryng vs to the knowlegâ— of many thynges the more apte that euery one is the moâ—e pleasure thei bryng euer with theÌ„ The iyes se more clerely the eares heare more quickely the toÌ„gue rouleth more rouÌ„dly and tasteth thinges better and the nose smelleth euill sauours the soner Philosophie is diuided into the knowlege of thynges naturall thynges morall and into that arte whiche by reason findeth out the truthe commonly called Logique Nowe of these three partes of Philosophie I might make other thre subdiuisions and largely set them out But these maie suffice for this tyme. ¶ Of Proposicions QUintilian willeth that streight and immediatly after the Narracion there should also be vsed suche sentences as might bee full of pithe and contein 〈◊〉 theÌ„ the substance of muche matter the rather that the hearers maie be stirred vpoÌ„ the only report of some sentencious saiyng or weightie text in the law As in speakyng largely against extorcioÌ„ one might after his reasons applied to the purpose bryng in a pithie and sentencious proposicion as thus Those handes are euill that scratche out the iyes and what other dooe thei that by force robbe their Christian brethreÌ„ Wo be to that realme where might outgoeth right Or thus wheÌ„ rage doth rule and reason doeth waite what good maÌ„ can hope to liue long in rest Also an act of a realme maie wel serue to make a proposicion As thus The lawe is plain that man shall dye as an offendour whatsoeuer he bee thatbreaketh vp another mannes house and seketh by spoyle to vndo his neighbour Now here is no manâ— that doubteth but that thou hast doen this deede therfore what nedes any more but that thou muste suffer accordyng to the lawe In diuidyng a matter proposicioÌ„s are vsed and orderly applied for the better setting furth of the cause As if I should speke of thankfulnesse I might first shewe what is thankfulnesse next how nedefull it is and last how commendable and profitable it is vniuersally Thankfulnesse is a kynde of remeÌ„bryng good will shewed and an earnest desire to requiâ—e the same Without thankfulnesse no man would do for another The brute beastes haue these properties and therefore man cannot want theÌ„ without his greate rebuke Some proposicions are plain spoken without any cause or reason added therunto As thus I haue charged this man with felony as you haue hard but he denieth it therfore iudge you it I pray you Sometymes a cause is added after the allegyng of a proposicioÌ„ As thus I haue accused this man of felonie because he tooke my pursse by the high waie side and therfore I call for iustice Thus proposicions might bee gathered nexte and immediately after the rehersall of any cause and beautifie muche the matter beyng either alleged with the cause annexed or els beyng plainly spoken without geuyng any reason to it at all ¶ Of confirmacion in matters of iudgement WHen we haue declared the chief poynctes wherevnto wee purpose to referre all our reasons wee muste heape matter and finde out argumentes to confirme thesame to the outermoste of our power makyng firste the strongest reasons that wee can and nexte after gatheryng all probable causes together that beeyng in one heape thei maie seme strong and of greate weighte And whatsoeuer the aduersarie hath said against vs to answere thereunto as tyme and place beste maie serue That if his reasons be light and more good maie bee doen in confutyng his then in confirmyng our awne it were best of all to sette vpon hym and putte awaie by arte all that he hath fondely saied without witte For prouyng the matter and searchyng out the substaunce or nature of the cause the places of Logique muste helpe to sette it forward But when the persone shalbe touched and not the matter we must seke els where and gather these places together i. The name ii The maner of liuyng iij. Of what house he is of what countre and of what yeres iiij The wealthe of the man v. His behauiour or daily enuryng with thynges vi What nature he hath vij Whereunto he is moste geuen viij What he purposeth froÌ„ tyme to tyme. ix What he hath doen heretofore x. What hath befaulne vnto hym heretofore xi What he hath confessed or what he hath to saie for hymself IN well examinyng of all these matters muche maie be said greate likelihodes maie be gathered either to or fro the whiche places I vsed heretofore when I spake of matters in iudgement against the accused souldiour Now in triyng the truth by reasons gathered of the matter we must first marke what was doen at that time by the suspected persone when suche and suche offences wer committed Yea what he did before this acte was dooen Again the tyme muste bee marked the place the maner of doyng and what hart he bare hym As thoportunitie of doyng and the power he had to do this deede The whiche all sette together that either acquitte him or finde him giltee These argumentes serue to confirme a matter in iudgement for any hainous offence But in the other causes which are occupied either in praisyng or dispraisyng in perswadyng or diswadyng the places of confirmacion be suche as are before rehersed as when wee commende a thyng to proue it thus Honest to be doen. Profitable Easie. Necessarie And so of other in like
maner or els to vse in stede of these the places of Logique Therefore when we go aboute to confirme any cause wee maie gather these groundes aboue rehersed and euen as the case requireth so frame our Reasones In confutyng of causes the like maie be had as we vsed to proue if we take the contrarie of thesame For as thynges are alleged so thei maie be wrested and as houses are buylded so thei maie bee ouerthrowen What though many coniectures be gathered diuerse matters framed to ouerthrowe the defendaunt yet witte maie finde out bywaies to escape and suche shiftes maie be made either in auoydyng the daunger by plain denial or els by obieccions and reboundyng again of reasons made that small harme shall turue to the accused persone though the presūptions of his offence be greate and he thought by good reason to be faultie The places of Logique as I saied cannot be spared for the confirmacion of any cause For who is he that in confirmyng a matter wil not know the nature of it the cause of it theffect of it what is agreyng therunto what likenesse there is betwixt that and other thinges what exāples maie bee vsed what is contrary and what can be saied aginst it Therefore I wishe that euery manne should desire and seke to haue his Logique perfect before he looke to profite in Rhetorique consideryng the grounde and confirmaciō of causes is for the moste part gathered out of Logique ¶ Of conclusion A Conclusion is the handsome lappyng vp together and brief heapyng of all that whiche was saied before stirryng the hearers by large vtteraunce and plentifull gatheryng of good matter either the one waie or the other There are twoo partes of a conclusion the one resteth in gatheryng together briefly all suche argumentes as wer before rehersed reportyng the sōme of them in as fewe wordes as can be and yet after suche a sorte that muche varietie be vsed ▪ bothe when the rehersall is made as also after the matter is fully reported For if the repeticion should bee naked and onely set furthe in plain woordes without any chaunge of speache or shift or Rhetorique neither should the hearers take pleasure nor yet the matter take effect Therfore when the Oratour shall touche any place whiche maie geue iuste cause to make an exclamacion stirre the hearers to be sory to bee glad or to be offended it is necessary to vse arte to the outermoste Or when he shall come to the repeatyng of an heinous acte and the maner thereof he maie set the Iudges on fire and heate them earnestly against the wicked offendor Thus in repeatyng arte maie bee vsed and nexte with the onely rehersall matters maie bee handesomely gathered vp together The other part of a conclusion resteth either in augmentyng and vehemently enlargyng that whiche before was in fewe wordes spoken to set the Iudge or hearers in a heate or els to mitigate and asswage displeasure conceiued with muche lamentyng of the matter and mouyng theim thereby the rather to shewe mercie Amplificacion is of twoo sortes whereof I will speake more at large in the nexte Chapiter The one resteth in wordes the other in matter Suche wordes muste bee vsed as be of greate weight wherein either is some Metaphore or els some large vnderstandyng is conteined Yea wordes that fill the mouthe and haue a sound with them set furthe a matter very well And sometymes wordes twise spoken make the matter appere greater Again when we firste speake our mynde in lowe wordes after vse weightier the fault likewise semeth to be greater As whē one had killed a ientleman thus might another amplifie his mynd For one slaue to strike another wer worthy of punishement but what deserueth that wretche whiche not onely striketh a manne but striketh a ientlemanne and not onely striketh a ientleman but cowardly killeth a ientlemanne not geuyng hym one wounde but geuyng hym twentie To kill any manne in suche sorte deserueth deathe but what saie you to him that not onely killeth hym so but also hangeth hym moste spitefully vpon a tree And yet not content with that but scourgeth hym and mangeleth hym whē he is dedde and last of all maketh a iest of his moste naughtie deede leauyng a writyng there aboute the dedde mannes necke Now then seyng his crueltee is suche that thouly killyng cannot content his deuilishe deede and moste dedly malice I aske it for Gods loue and in the waie of Iustice that this wicked Deuill maie suffer worthy death and bee punished to the example of all other Amplifiyng of the matter consisteth in heapyng and enlargyng of those places whiche serue for confirmacion of a matter As the definicion th◠cause the consequent the contrary the example and suche other Again amplificacion maie be vsed whē we make the law to speake the dedde persone to make his complaint the con̄trey to crie out of suche a deede As if some worthy manne wer cast awaie to make the countrey saie thus If England could speake would she not make suche suche cōplaints if the walles of suche a citee or toune had a tongue would thei not talke thus and thus And to bee shorte all suche thynges should be vsed to make the cause seme greate whiche concerne God the commō weale or the lawe of nature For if any of these three bee hindered we haue a large fielde to walke in In praisyng or dispraisyng wee muste exaggerate those places towardes the ende whiche make menne wonder at the straungenesse of any thyng In perswadyng or disswadyng the rehersall of commoditees and heapyng of examples together encrease muche the matter It were a greate labour to tell all the commoditees and all the properties whiche belong vnto the conclusion For suche arte maie bee vsed in this behalfe that though the cause bee very euill yet a wittie manne maie gette the ouerhande if he bee cunnyng in his facultee The Athenians therfore did streightly forbid by a lawe to vse any conclusion of the cause or any enterance of the matter to wynne fauour Cicero did herein so excell that lightly he gotte the victorie in all matters that euer he tooke in hande Therefore as iust◠praise ariseth by this parte so I doubte not but the wittiest will take moste paines in this behalf and the honest for euer will vse the defence of moste honest matters Weapons maie bee abused for murder and yet weapons are onely ordeined for saufgard ¶ Of the figure amplificacio◠EMong all the figures of Rhetorique there is no one that so muche helpeth forwarde an Oracion and beautifieth thesame with suche delitefull ornamentes as dooeth amplificacion For if either wee purpose to make our tale appere vehemente to seme pleasaunt or to be well stored with muche copie nedes must it be that here we seke helpe where helpe chiefly is to be had and not els where And nowe because none shall better bee able to amplifie any matter then
and what is ment by his wonderous doynges xxvi i Oracions in generall consist vpon seuen partes iiii i OracioÌ„s or causes of .iii. kind vi.i. Oracion demonstratiue vi ii OracioÌ„ demonstratiue of a dede x.i. Oracion deliberatiue xvi i OracioÌ„ iudiciall what it is xlvii i OracioÌ„ coÌ„iectural what it is xlix ij Oracion coniecturall vpon a murther committed l.ii. Oracion of righte or wrong what it is liii ii Oracion of righte or wrong vpon maâ—slaughter lvii i Oratours bounde to performe thre thynges i. ii Oratours muste vse delitfull wordes and saiynges ii.i. Oratours must haue fiue thynges to make them perfecte iii.ii. Oratours of necessitee must haue three especiall thynges lv ii Oratour that thought he had moued pitee mocked lxxxi ii P. PAcience praise worthye in aduersitee xlvi ii PArtes of prudence xvii ii PAssions xxxvii i Paulus Emilius moste godly desire xlv.i. Passage to another matter what it is xcvii i Pausanias pleasaunte saiyng to a Phisician lxxxii i Persians had many wifes xxvii i Pericles pacience xliiii i Persones pleasaunt answer cariyng his woman behynd lxxvii i Phauorinus wittie saiyng to a young manne ii.i. Phisician mocked lxxxii i Philosophie diuided lxi i Pitee mouyng xxxv ii Places of Logique moste nedefull to be knowen lxii ii Places to encreace set furthe the euill of a wicked deede lxxii ii Places of memorie how thei must be vsed cxiiii ii Places of praisyng vii i Places of exhortacion xxxiiii ii Places to confirme thynges gathered by coniecture l.i. Places of confirmacioÌ„ in matters of right and wrong liii ii Place of confirmacioÌ„ wheÌ„ a fault is graunted lvii i Plain tellyng of the matter moste nedefull for an Oratour lv ii Plainesse how it might be v. lix.i. Plainesse what it is lxxxvi i Plain words proper vnto an or i. ii Platoes saiyng to Antisthe lxxv ii Pleasauntnesse in saiyng lxxvi i Pleasures largely sette out xvi ii Pleasaunt sportyng twoo wâ—yes vsed lxxv ii Pleasaunt answeres contrary to our lokyng delite muche lxxvi Plinius counsaill for handelyng of causes xlviii i Plutarch for encrease of iss xxiiii i Poeticall narracions profita ciiii j PoÌ„tidius how he was dece lxvi ij Poetes vnder colour shewe muche wisedome ciiii ii Porcia xxxi ii Praisyng and therwithal dispraisyng one and thesame maÌ„ lxxii i preachers what order they vse lix ij Preachers lxxv i Preachers not so diligently heard as common Plaiers ii.ii. Preachers must sometimes be mery when thei speake to y e peo ii.ii. Praisyng a deede xxxiiii ij Practise maketh all thynges perfecte iij.j. Praises parted threfolde in commendyng a man vi.ij. Priestes mariage xxviii i Preuencion what it is c.j. Probable how it might be vs. lix.i. Profite of Iustice. xvij Profite how largely in exten xvi.ij. Profite beareth the name of goodnesse whiche is threfolde xvi ii Progression what it is cviii j Pronunciacion what it is cxvi ii and iiii i Proposicion what it is iiii ij and xcvii i Proposicions what thei are lxi i Prouerbes alleged helpe amplificacion lxvi.i. Prudence what it is xvij ii Q QUestioÌ„s to be spokeÌ„ i.j. QUestioÌ„s of .ii. sortes i.j. QUestions infinite i.j. QUestions definite i.j. Questions definite belong properly to an Oratour i. ii Qestions infinite proper to Logicians i. ii Quintus MartiussuffrauÌ„ce xlv j R. REasonyng a matter what it is cx.ii. REieccioÌ„ what it is xcix ii REligion what it is xviii i Repeatyng of thynges saied before xcvii i Repeticion what it is cvii. ii Restyng vpon a poyncte what it is xciiii ii Returnyng to the purpose what it is xcvii i Reuengement forbidden and sette out by amplificacion lxv.i. Right by custome what it is .xviii. and ii Right by lawe what it is xixâ—i Ripe thynges last not long xlvi i Rimed sentences vsed without reson cviii ii Rimes made to mocke the symple there Rhetorique what it is i.j. Rhetorique occupied aboute all lawes there Rhetorique what ende it hath i. ii Rhetorique first made by wisemen and not wisemenne made first by it iii. i Rhetorique for what purpose it is set furthe iii. i Rhetorique to what purpose it serueth there Rhetorique what it teacheth for orderyng of thynges lxxxiiii i Romaine Lawes for Churche dignitees xx.i. Roperipe chidyng lxxxvii ij Rouyng without reason xlvii ii S. SAguntines how faithfull thei were lvii ii SAincte Christopher what he signified cv.ii. Saincte George what he signified Cv.i. Salust saiyng to Tullie and his wittie anfwere to hym again lxxxii ii Sauegard had by Iustice. xv.i. Scurrilitee odious ij.ii. Sheme what it is xciiii i Sentences gathered helpe amplificacion lxvi.i. Sergius Galba ouerthwarte answere lxxvii ii Shape euill fourmed moueth pastime lxxviii ii Shame foloweth fearfulnesse wheÌ„ manhode is nedefull xxxv ii Shiftyng faultes from vs howe it is saied lvii ii Similitude what it is c.ii. Simonides first founder of the arte of remembraunce Slaunder proued by amplificacion a greater offense then Thefte lxviii i Snappishe askyng xcviii i Snudgyng wittely rebuked lxxvii and ii Sobrietee what it is xix.ii. Socrates xxvii Sorowe nedelesse when necessitee ruleth xxxviii ii Sorowe immoderate not naturall xlii ii Souldiour mocked pleasauntly of his awne man lxxxiii i Spanyardes doubte ci Staggues how long thei liue xlv and ii State generalli what it is xlviii ii State in iudgement what it is xl and viii ii State why it is so called xlviii ii Stomacke grief cvi.ii. Straunge thynges nedefull to bee tolde lviii i Straunge reportes helpe for amplificacion lxvi.i. Storkes what nature thei xcix Stoutenesse what it is xviii xix.ii Surfeityng rebuked by am xlvii ii T. TAcitus Cviii. ii TAntalus Ciiii. ii TEmperaunce what it is xix Thankefulnesse what it is xviii ii.lxi..ii Themistocles memorie Cx.ii. Themistocles perswasioÌ„ to the Atheniens by a fable Cv.ii. Thynges gathered by a maÌ„nes saiyng otherwise then he ment lxxx.i. Thynges notable or straunge help well for amplificacion lxvi.i. Thracians lament at birthe and reioyce at buriall xli.i. Tobias pacience xliiii i Transmutacion of a worde xciii i Transumpcion what it is xciii ii Trauaill hard to whom xvi ii Trees not accurssed because Apples fall from them xliii i Trees liue longer then men xlv.ii. Tropes how thei wer found xc.ii. Trope what it signifieth xci ii Turnyng of a worde lxxvii i Tiberâ—us Ceasar xlv.i. Tyme must be obserued v. ii Tyme of departyng life viii i Tyme a remedy for fooles to putte awaie sorowe xlii ii Timon an hater of compa xxx ii U. UErtues .iiii. in noÌ„b xvii ii UNapte vsyng of apte wordes lxxxviii ii ULpianus xxiiii ii Unnaturalnes in man xiiii ii Uibius Curius pleasauntly mocked of Tullie lxxxiii vipers what nature thei haue xcix Uirginitee xxviii ii Unthankefulnesse rebuked cii.i. Unthankfulnes punished cii ii Utteraunce what it is cxvi ii W. WAntyng of thynges make pastyme lxxxii i WArenesse in speakyng and forbearing to speak v. ii Wepyng yies lxxii ii Whisht or warnyng geuen cvi.i. Willyam Somer cvii.i. Wishyng right pleasaunt lxxxi ii Wittie saiyng