Erasmus teacheth begynne thus ¶ 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 abhominable But that nar withstandynge yf it wyll please you a litle while so deferre you iugement tyll ye haue herde the suÌ„me of suche reasons as I wyll brynge forthe in the cause I double 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 maruelously deceyued in your oppynyon and somdele to alleuiate your myndes ye shall vnderstande that I am nat my selfe authour of the thynge but it is the mynde saynge of the excellent moost highly named philosopher Plato whiche was vndoubted so famouse a clerke so discrete a man and soo vertuouse in all his dedes that ye may be sure he wold speke nothig but it were on a right perfyte ground and that the thynge were of it selfe very expedient 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 am sorye I uleruaile I am glad for your sake I desire I sere I pray god and such other lyke be very apre 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 orarour make promyse that he will shew them new thynges or els necessary or profita ble or yf he say that it is an harde mater that he hath in handelynge or els obscure nat easy to be vnderstaÌ„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 care But as concernyng the newnesse or profyte of the mater it maketh nat all onely the herer to gyue a good cre 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 perceyued is nat greatly required in this kynde of oracion for it in belonging properly to derke and obscure causes in whiche we must â—…myse that we wyl nat vse great ambages or to go as meÌ„ say rouÌ„de about the busâ—…h but to be short and playne ¶ Of narracion whiche is the seconde ê‘te of an oracion ¶ The Narracion or tale wherin ê‘sones are praysed is the declaryng of theyr lyfe doynges after the fasâ—…hion of an historie The places out of the whiche it is sought are The persones byrthe His chyldhode His adolescencie His mannes state His olde age His dethe and what foloweth after IN his byrthe is consydered of what stocke he came what chauÌ„ 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 coÌ„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 he than gyuethe hym selfe As in the fyrst comedie of TereÌ„ce one Simo telleth his seruauÌ„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 goodely horses some to cherysshe houndes for huntyng some are gyuen onely to theyr bookes his sone PaÌ„philus loued none of these more one thaÌ„ 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 citisens or in his coÌ„trey what actes he dyd how he gouerned suche as were vnd him howe he â—…spered what fortune he had in suche thyngê as he went about Example here of is in Saluste whiche coÌ„pareth to gether Cato and Cesar sayng that both theyr stocke age eloqueÌ„ce were almoost lyke egall theyr excelleÌ„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 great estimacion for his benefites liberalite Cato had gotteÌ„ hiÌ„ a name for his ê‘fight vpright lyuynge Cesar was praysed for his gentilnes and pitie Cato was honored for his 〈◊〉 and surete ¶ The tother wanne moche bruyt by gy uynge large gyfres by helpynge suche as were in dystresse and by forgyuyng of tres passes done agaynste hym Cacons fame dyd sprede because he wold neither be forgyuen 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 grâ—…at refuge to suche as were in mysery 〈◊〉 the other was fore puâ—…shment perâ—… to mysdoers euyll transgressours 〈◊〉 law Briefly to conclude it was all 〈◊〉 mynde and pleasure to labour diligently night and day in his frendes cau ses to care lesse for his owne busynes thâ—… 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 vnder his gouernaunce that by his noble and hardy faicies his valyantnes myght be the more knowen and spred abrood CoÌ„traryly all Catons study was on tem perauÌ„ce and to do in no maner other wyse than was conuenient syctynge for suche a man as he was and chiefly he sette his mynâ—…e to seueryty he neuer made no com parison with the riche man in richesse nor with the myghty man in power But yâ—… 〈◊〉 required with the hardy maÌ„ in boldnes with the temperate in moderacion with the good man in innocency iust dea ling. He cated not for the name it was suf ficieÌ„t to hym to haue the dede so the lesse he cared for glorye the more alwayes he opteyned Many suche comparisons very profitable for this inteÌ„t are also in Plu tarche in his boke of noble mennes lyues ¶ A goodly eusaÌ„ple of this place is in the oracion that Hermolaê° Barbarus made to the emperour Frederike and Marimilian his son which for bicause it is so long I let it passe ¶ A like ensample is in Tullies oracâ—…on that he made to the people of Rome for Pompeyus to be sente agaynst 〈◊〉 ¶ Some there be that deuide the landes of persones into thre â—…noes of goodes begyunynge the narracion at them whiche thynge our author doth nat greatly commende but raâ—…her in rehersyng of any per sones dedes yf there can nat be kept an order 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
at the day of theyr maryage on this maner ☞ 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 executours deliuer nat of suche sort as the maydeÌ„s wold â–ª wherupoÌ„ the coÌ„trouersy ariseth 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 vere standeth the dout to whom we shall referre this worde they to the doughters 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 wryteÌ„ 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 ê‘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 yt it is nat doubtfully wryten for there is no reasona ble maÌ„ but be wyll take it as we say ThaÌ„ shal we declare by that that goeth afore foloweth that it is clerly eum as we say that yf we consider the wordes of theÌ„ selfe they wyll seme to be of ambiguity but seynge 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 beu his minde that made the writyng to haue it taken as the aduersarye sayeth he neded net to haue wryteÌ„ any suche wor des As in the example now put the maydens may say that yf it had ben theyr fathers mynde that the executours shoulde haue delyuered suche shepe as it had pleased them to delyuer he neded nat to haue added these wordes suche as they wyll For yt they had nat ben put it wolde nat haue ben dought but that the executours delyuerynge euery of them an hundred shepe what so euer they were had fulfylled the wyll and coulde haue ben no further compelled wherfore if his mynde was as they say it was a great folye to put in tho wordes whiche made a playne mater to be vnplaine 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 deereed but yet the iugement therof may be fouÌ„de out by lawes made vpon maters somdele resemblynge thereunto ¶ As in Rome was this law made that yf any persone were distraught his possessions and goodes shulde come to the handes of his next kynne ¶ And an other law what any householder doth ordeyn make as coueernyng his householde and other goodes it is approbate 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 chauÌ„ced one to kyll his owne mother wherupoÌ„ he was taken coÌ„deÌ„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 kynnesmeÌ„ chalenge his goodê his executours say theÌ„ nay wherupoÌ„ ariseth coÌ„trouersy afore the iustice ¶ There is no law made vpon this case whether he that hath killed his mother may make any testameÌ„t or nat but it may be reasoned on bothe ê‘ties by the lawes aboue reherced The kynsmen shal allege the law made for theÌ„ that be out of theyr myndê pÌ„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 that moued hym to it that he hathe had his punysshment therfore whiche he shulde nat haue suffred of coÌ„uenient if he had ben besyde him selfe â–ª ¶ Translation is whiche the lawyers call excepcion as yf the person accused pleade that it is nat lawfull for the tother to accuse hym or that the Iuge can be no iuge in that cause c. ☞ ¶ The conclusion of the Author THese are my speciall and singuler good Lorde whiche I haue purposed to wryte as touchyng the chief poynt of ye. iiii that I sayd in the begynnyng to long to a Rhetoricien which is more difficulty thaÌ„ 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 coÌ„fidence trust after that yf I fynde that it seme to the reders a thing worthy to be loked on that your lordshyp they think nat my labour takeÌ„ in vayne I wyll assay my selfe in the other partes so make accoÌ„plyssh the hole werk But now I haue fo lowed the facion of Tulli who made a seue rall werke of muencion And though many thynges be left out of this treatyse that ought to be spoken of yet I suppose that this shall be sufficyent for an introduction to yonge begynners for whome all onely this booke is made For other that ben entred all redy shall haue lytle nede of my labour but they may seke more meter thynges for theyr purpose either in Hermogines 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 Horace i his boke of the craft of Poetry sayth ☞ Quicquid precipies esto breuis vt cito diâ—… Percipiant animi dociles teneant q fideles ☞ what so euer ye wyll teache sayeth he be briefe therin that the myndes of the herers or reders may the caslyer perceyue it and the better bere it away And the Emperour Iustinian sayeth in the fyrste boke of his institucions in the paragraph of iustice and right that ouer great curiosity in the fyrst principles make hym that is studiouse 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 bothe to you and other a thyng that is very rude and skant worthe the lokynge on yet Aristotles wordes shal confort me who sayeth that men be nat onely bounde to good authors but also to bad bicause that 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 nothyuge 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 whoÌ„ 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 lordshyp 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 merey be of the nombre of his elect to ê‘petuall saluacion ☞ ⧠☜ ¶ Imprinted at London in Fletestrete by saynt Dunstones chyrche at the sygne of the George by me Robert Redman The yere of our lorde god a thousande fyue hundred and two and thyrty ⧠☞ * ☜ ¶ Cum priuilegio ☞ ☜ ⧠Robert Redman
properly named good order which is the crowne of all ver tues conceruynge honest and ciuile conuersacyon of men togither as the hedes with the meane comonalty in good vnity and concorde ¶ Pryuate or seuerall Iustice 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 prodygalytie ¶ And this is the maner of handelynge of a symple Theme dialecty call But yet let nat the reder deceyue hym selfe and thynke that the very perfyte knowlege is shewyd hym all here And that whiche hath beÌ„ shewed now is somwhat general and briefe ¶ More sure and exact knowlege is conteined in Logike to whome I wyll aduise theÌ„ that be studiouse to resorte to serche euery thynge in his owne proper facultie ¶ Of a Theme compounde EUery Theme compounde eyther it is proued trewe or fals Now whether thou wylt puâ—… or improue any thyng it must be done by argument And yt any Theme compounde be it Logicall or Rhetorycall it must be referred to the rules of Logike by theÌ„ to be proued trew or fals For this is the dyfference that is betwene these two sciences that the Logician in dysputynge obserueth certayne rules for the settynge of his wordes being solicitous that there be spokeÌ„ no more nor no lesse than the thynge requyreth that it be euin as plaily spokeÌ„ as it is thought But the Rhethorician seketh about boroweth where he can asmoche as he may for to make the symple and playne Logicall argumentes gaye delectable to the 〈◊〉 So than the sure iugement of argumentes or reasons must be lerned of the logician but the crafte to set theÌ„ out with pleasaunt figures and to delate the mater belongeth to the Rhetorician As in Miloes 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 sâ—…ain Milo wherfore Clodius might laufully be slayne of Milo in Miloes owne defence And this argument the logicians call a Sillogisme in Darâ—… 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 Tullies argument that he maketh in his oracyon 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 improuynge of compounde Themes are these folowynge Diffinicion lyke Cause contrary Partes OF the places of argumentes shall be spoken hereafter For as touchyuge theÌ„ in all thynges the Rhetorician Logician do agre But as concernynge the crafte to fourme argumentes whan thou hast fouÌ„de them in theyr places that must be lerned of the Logician where he treateth of the fourme of sillogismes 〈◊〉 â—…es and inductions ¶ Of an oracion demonstratiue THe vse of an oracion demonstratiue is i praise or dispraise whiche kynde or maner of oracion was greatly vsed somtyme in comon accions as dothe declare the oracions of Demosthenes and also many of Thucidides oracions And there ben thre maners of oracions demonstratiue ¶ The fyrst conteyneth the prayse or dysprayse 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 ieopdy for the safegarde of a true maÌ„ against other theues and murderers the ê‘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 that person saue onely for this dede The thyrd kynde is wherin is lauded or blamed nother person nor dede but some other thing as vertue vice iustice iniutie charite enuie 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 contencion ¶ The conclusion ¶ 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 â—…oo partes and some lesse ¶ Of the Preamble GEnerally the Preamble nat alonly in an oracion demonstratiue but also in the other two is conteyned and must be â—…ched out of thre places that is to say oâ—… beneuolence attencion to make 〈◊〉 〈◊〉 aâ—…y to be knowen whiche the â—…oricians 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 〈◊〉 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 the pÌ„aÌ„ble of sait 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 remembrauÌ„ce of the moost fayre and excellent vertues that were in hym and thyrdely that the chyrch myght haue an example of a good and holy Bysshop ¶ Trewly by our authours lycence me thynketh that in the preamble Nazazen doth nat only take beneuolence out of the place of his owne persone but allo out of the other two whaÌ„ he sheweth the cause of his duetye for in praysynge his frende he dyd but his duetye In praysynge 〈◊〉 vertues he cam to the place of beneuâ—…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 deâ—…e nat but that I haue metely excercysed
¶ The Art or crafte of Rhetoryke ⧠⧠⧠⧠¶ 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 COnsyderynge my speciall good lorde how great ly and how many ways I am bounden to your lordshyp and among all other that in so great a nombre of connynge 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 gramer schole fouÌ„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 beneficiall fauour towarde me and of myn industry 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 slouryshynge vnder 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 those out non offred it selfe more conuenyent to the profyte of yonge studentes which your good lordshyp hath alwayes tenderly fauoured and also meter to my ê“fession than to make som proper werke of the right pleasaunt and persuadible art of Rhetorique whiche as it is very necessary 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 knowledge of Gramer ones had to be instructe in this facul tie without the whiche oftentymes the rude vtteraunce of the Aduocate greatly hindereth and apeyreth his clieÌ„tes cause Likewise the vnapt disposicion of the precher in orderyng his mater confoundeth the memory of his herers and briefly in declarynge of maters for lacke of inuencion 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 litle confusioÌ„ 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 destrouse of this Arte as all surely ought to be which entende to be regarded in any comynaltie I haue partely translated out a werke of Rhetorique wryten in the Latin tongue and partely compyled of myn owne and so made a lytle treatyse in maner of an Introductyon into this aforesayd Science and that in our Englysshe tongue Remembrynge that euery good thyng after the sayengê of the Philosopher the more comon it is the more better it is And furthermore tru stynge therby to do som pleasure and case to suche as haue by negligence or els fals 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 besechynge 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 Lordshyp and nexte the reders I trust by the ayde of almyghty god to endyte other werkes bothe in this faculty and other to the laude of the hygh godhed of whome all goodnes doth procede and to your Lordshyps pleasure and to profyte and delectacion of the Reder ⧠WHo someuer desyreth to be a good Oratour or to dyspute and commune of any maner thynge hym behoueth to haue foure thinges ¶ The fyrst is called Inuencion 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 deserue iuge whether tho thynges that he hath founde in his mynde be conuenient to the purpose or nat For ofteÌ„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 Disposicion 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 counted as the comon prouerbe sayth to put the carte afore the horse ¶ The fourth last is suche thynges as he hath inuented 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 by Demosthenes syns hath ben a comoÌ„ prouerbe amonge the Grekes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is as moche to say as This is he And this last ê“perty is called among lerned men Eloquence ¶ Of these foure the moost difficile or harde is to inuent what thou must say wherfore of this parte the Rethoricieus whiche be maisters of this Arte haue writen very moche diligeÌ„tly ¶ Inuencion is comprehended in certayn places as the Rhetoricieus call them out of whom he that knoweth the 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 improperly the Anthethem ¶ The theme purposed we must after the rules of Rhetorique go to our places that shall anoÌ„ shew vnto vs what shall be to our purpose ¶ Example IN olde tyme there was greate enuy betwene two noble men of Rome of whoÌ„ 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 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 double So than the Theme of Tullies oracioÌ„ 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 ê“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 Kynges highnes I must for the Inuencyon of suche thynges as be for my purpose go to places of Rhetorique where I shall casely 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 disputacioÌ„ ¶ The seconde is called Demonstratiue ¶ The thyrde Deliberatiue ¶ The fourth Iudiciall and these thre last be properly called spices or kyndes of oracions whose natures 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 thig Iustice is my theme Or if disputacion be had in company vpon religion and I wolde declare the very nature 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 compouÌ„de that is to say Iustice is a vertue for it is made of two thynges knyt and vnâ—…ed togither Iustice and vertue ¶ Here must be noted that Logike is a playn a sure way to instruct a maÌ„ 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 ê‘fectly ê“perly knoweÌ„ 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 what proper what improper ¶ The places or instrumentes of a simple theme are The diffinicion of the thynge The causes The partes The effectes ¶ ExaÌ„ple If thou enquire what thig Iu stice is whereof it cometh what partes is hath what is the office or effect of euery parte than hast thou diligeÌ„tly serched out the hole nature of Iustice handeled thy simple theme accordyng to the preceptê of Logicians to whom our auctour leueth suche maâ—…s to be discussed of theÌ„ how beit somwhat the RhetoriciaÌ„s haue to do with the 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 exteÌ„ded paynted with many figures ornamentê belongyng to the science Neuertheles to satisfie the reders 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 ¶ First to serche out the perfite knowlege of Iustice I go to my fyrst place 〈◊〉 on fetche from Aristotle in his 〈◊〉 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 doâ—…e I serche the causes of Iustice that is to say from whens it toke the fyrst begynnyng and bycause that it is a morall vertue and Plato in the ende of his Dialogue MenoÌ„ 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 maÌ„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 that he calleth Iustice legitime or legal an other that he called Equite ¶ Iustice legall is that that consysteth in the superiours whiche haue power for to make or statute lawes to the iferiours And the office or ende of this Iustice is to make suche lawes as be bothe good and accordynge to right and conscience thaÌ„ 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 where by a man neyther taketh nor gyueth lesse nor more than he ought but in gyuynge taketh good hede that euery maÌ„ 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 comen goodes to euery maÌ„ accordyng to his deseruyngê 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 Citie accordynge as they are worthy ¶ In this parte is comprehended the punyshment of mysdoers and trangressours of the lawe to whome correccion must be distributed for the comon welth according to theyr demerites after the prescripcions of the lawes of the contrey made determined for the punisshment of any maner of transgressour ¶ Equity coÌ„mutatiue is a iust maner in the chaungynge of thyngâ—… from one to another whose offyce or effect is to kepe iust dealynge in equytie as byenge sellynge all other bargaynes lawfull And so are herewith the spices of Iustice 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 aâ—…ines and contraries on this maner ¶ what is Iustice A vertue whereby to euery thynge is gyuen that that to it belongeth ¶ 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 substaunce wares or in gentyll and cyuyle conuersacion ¶ what thynge is Iustice commutatiue Right and equitie in all contractes ¶ what is Iustice distributiue Iustice of ciuile lyuynge ¶ How manyfolde is Iustyce dystrybutyue Either it is comon or priuate The comon is called in latin Piâ—…tas but in englysshe it may be moost
be as an iustigacion to take the thynge on hande remembrynge the greke prouerbe Scisnoâ—…a ta nasa that is to say all excellent coÌ„meÌ„dable thyng be hard of difficulty ¶ In honesty are coÌ„preheÌ„ded all vertues as wysdoÌ„ iustice due loue to god to our parentes liberality pity constaÌ„ce temperance And therfore he that wyll for the coÌ„ fyrmyng of his purpose declare proue that it is honest coÌ„mendable that he enteÌ„deth to persuade hym behoueth to haue perfyte knowlege of the natures of vertues And al so to haue in redy remembrauÌ„ce sentences bothe of scripture of philosophy as oratours poetes besyde these examples of historyes for garnyssshyng of his maters ¶ As coÌ„cernynge the place of vtilitie we must in all causes loke if we may haue any argumeÌ„tes wherby we may ê“ue that our couÌ„cell is of suche necessity that it can nat be chosen but they must nedes folow it for tho argumeÌ„tes be of farre greater streÌ„gth than they that do but onely proue the vtility of the mater But if we caÌ„ haue no suche necessary reasoÌ„s thaÌ„ we must serche out argumeÌ„tes to ê“ue our mynde to be ê“fitable by circuÌ„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 iÌ„possibilite for these ê“ues are of strenger nature thaÌ„ the other he that wyll shew that a thyng may be done easely must presuppose the possibilite therof As he on the other side that wyll ê‘suade a thyng nat to be done yf he shew manifest that it is impossible argueth more stroÌ„gely thaÌ„ if he could but only ê“ue difficulty in it for as I sayd many thyng of difficulty yet may be the rather to be taken on hande that they may get theÌ„ that acheue them the greater fame and prayse And these argumentes be fet out of the cir cuÌ„stances of the cause that 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 impedimeÌ„tes that may be therin In this purpose examples of histories are of great efficacy ¶ The confutacion is the soilynge and reâ—…llyng of other meÌ„nes sayengê that haue or might be brought against our purpose wherefore it consisteth in places contrary to the places of confirmacioÌ„ as in ê“uyng the sayenges of the contrary part neither to be honest nor profitable nor easy to performe or els vtterly impossible ¶ The conclusion standeth in two thynges that is is to say a briefe and compendiouse repetyng of all our reasons that we haue bronght for vs afore and in mouyng of affections And so dothe Ulysses conclude his oracion in the. xiii boke of Ouides metamorphosy ¶ Of the thyrde kynde of oracions 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 neglecte 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 Tulli made for Milo of the which I made mencion in the begynnynge of my boke The state of the cause is this Milo slewe Clodius lawfully whiche thynge his aduersaries denyed and yf Tully can proue itâ—… 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 seconde legitime The thirde iudiciale and euery of these hathe his owne proper places to fet out argumentes of them wherefore they shall be spoken of seuerally And fyrste we wyll treate of state coiecturall 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 ê“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 Achilles which of them shulde haue his armour as nexte to the sayd Achilles in valiauntnes 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 Ulisses 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 chauÌ„ced to com the same way which seynge theyr frende deed and his olde enemy 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 theâ—…es the enuye that was betwene Aiax and hym made the mater to be nat a lytle suspect specially for that he was fouÌ„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 that we haue on haÌ„de either in blamyng our aduersaryâ—… or els mouynge the herers to haue pity on our client Or els we begyn at our owne ê‘â—…one or at the prayse of the Iuge cÌ„ ¶ The narracion THe narracioÌ„ or tale is the shewynge of the dede in maner of an historye wherein the accuser must craftly entermeÌ„gle many suspicions which shall seme to make his mater ê“uable As Tulli in his oracion for Milo where in his narracion he intendeth by certayn coÌ„iectures to shew that Clo dius laye in waite for Milo he in his sayd narracion handeleth that place thus ¶ In the meane season whaÌ„ Clodius had knowlege that Milo had a lawfull neces ry iourney to the city of Lauine ye. 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 the same day for maâ—…s wherin also he had great adoo hym selfe very necessarye it had ben for hym to haue ben there yet this nat withstandyng all
the age of the persone As in Therence Simo speketh of his son Pamphilus 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 〈◊〉 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 streÌ„gth of body or agi lity quicknes of wyt out of whiche may be broght many reasoÌ„s to affyrme our pur pose So Tulli in his oracion for Milo wyllynge to proue that Clodius was the begynner 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 woÌ„t afore but to tyde in a wagen to haue his wyfe with him at that tyme rode furth on horsebacke And where as afore be was alwayes accustomed to haue knaues quenes 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 any argument to our purpose out of the per sones face or countenance so doth Tully argue in his oracioÌ„ agaynst Piso sayeng ¶ Seest thou nat now thou beest doest thou nat now ê‘ceyue what is mennes coÌ„playnt on thy visage there is noÌ„ that coÌ„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 browes forhed hole couÌ„tenauÌ„ce which in a maner doth manifest meÌ„nes coÌ„dietoÌ„s na ture it hath deceiued vs. ¶ This done we must consyder how he hath beÌ„ brought vp that we accuse among whom he hath lyued whereby how he gouerneth his houshold assay if we caÌ„ 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 maÌ„nes lyuyng by his lyuyng his will mynde as I wold declare more fully saue 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 euermore the contrary is sure staye for the defender 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 choseÌ„ meÌ„ And for to clere Milo he she weth the contrary that he had with hym syngyng laddes and women seruantes that wayted on his wyfe whiche maketh it of more likelyhood that Clodius went about to slee Milo than Milo hym ¶ The cause that moueth to the mischiefe lyeth in two thynges In naturall impulsion and racionacion ¶ Natural impulsion is angre hatred co â—…etyse loueâ—… or suche other affections So Simo in Therence whan he had sayd that Dauus whoÌ„ 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 please Pamphilus mynde And Sofia demaunded 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 gyther qualitie and naturall impulsion sayenge A 〈◊〉 et â—…upido credatur reddita â—…irgo 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 argumeÌ„tes bryngeth in one against Clodius by naturall impulsion of hatred she wynge 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 maliciously hated Agayne that Milo oppressyd many of his furioâ—…se purposes And finally bycause the sayd Milo accused hym and cast hym afore the Senate and people of Rome ⧠¶ RaciocinacioÌ„ is that cometh of hope of any commodity or to 〈◊〉 any discommodity As Tully argueth in his oracion for Milo agaynst Clodius by raciocinacion to proue that it was he that layde wayt for Milo on this maner IT is sufficient to proue that this cruell and wicked beest had a great cause to slee Milo yf he wolde brynge his maters that he weÌ„t about to passe and great hope if he were ones gone nat to be letted in his pretenced malyee ¶ After raciocinacion foloweth comprobacion 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 conuement and strength withall ¶ Also you shall proue it by signes whiche are of meruaylouse efficacye in this behalfe wherefore here must be noted that sygnes be eyther wordes or dedes that either did go before 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 Milo 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 myscheuous 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 inuercioÌ„ ¶ AbsolucioÌ„ is wherby the defendour sheweth that it is laufull for hym to do that what the aduersary bringeth in for a signe of his malice ¶ Erample ¶ 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 the pre seruacion of his body from rauons other that wolde deuoure hym tyll tyme he had warued people to fetche and bury hym ¶ Inuereion is wherby we shew that the signe whiche is brought
agaist vs maketh for vs. As I wolde nat haue taryed to couer hym yf I had done the dede my selfe but haue fled and shronke a syde into some other way for feare of takynge ¶ Of the conclusion THe coÌ„clusion is as I haue said afore in briefe repetynge of the effecte of our reasons in mouynge 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 opeÌ„ 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 narracion as afore ⧠THe confirmacion hath certayn places appropred thereto but here must be marked that state negociall is double absolute assuÌ„ptyue ¶ State negociall absolute is whan the thynge that is in controuersy is absolutely defended to be laufully done As in the oracioÌ„ of Tulli for Milo the dede is styfly affirmed to be lawfully done in sâ—…eyng Clo dius seynge that Milo dyd it in his owne defence for the law permitteth to repell violence violently ¶ The places of confirmacion in state ab solute are these nature law custome equi ty or reason iugemeÌ„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 clustâ—…r on this maner ⧠IF reason hath prescrybed this to lerned 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 violence by any maner of socour what meanes or way so euer it were you caÌ„ nat iuge this dede euyll done except you wyll iudge that whan men mete with theuys or murderers they must either be slayne by the wepons of suche vnthryfty and malicious persones either els perysshe by your sentence gyuen in iugement vpon them ¶ State assumptiue is whan the defence is feble of it selfe but yet it may be holpeu by some other thynge added to it And the places longynge to this state are grauntynge of the faute remouynge of the faut or as we say in our tongue layeng it from vs to an other tanslatynge of the fauâ—…e ¶ Brauntyng of the faut is whan the per son accused denteth nat the dede but yet he desyreth to be forgyuen it hath ii places 〈◊〉 anneryd to it purgacion deprecacioÌ„ ¶ Puxgacion is whaâ—… he sayeth he dyd it nat maliciously but by ignoraÌ„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 ¶ DeprecacioÌ„ is whaÌ„ 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 forgyueÌ„ of his faut must reherce yf he can som benefytes of his done afore tyme and shew that they be farre greater in theyr nature than is the cryme that he hathe commytâ—…ed so that how be it he hath done greatly amysse yet the goodnes of his fore merites are farre bygger and so may well oppresse this one faut Nexte after that it behoueth 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 either 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 froÌ„ 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 recoÌ„pence pleasure therfore agayne After this let hym yf he can declare som kynred betwene theÌ„ hym or frendshyp of his elders amplifye the greatenes of his seruice 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 declare his owne vectucs and suche thynges as ve in hym perteynyng to honesty prayse that he may by these meanes seme rather worthy to be auauticed 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 vu derneth hym And than let hym crtenuate his owne faute and shew that there folowed nat so great damage therof and that but lytle profyte or honesty wyll folowe of his punysshment And finally than by comon places to moue the iudge to mercy pitic 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 THe Uenecians haue commaunded certayue to go in ambassade to Englande and thereuppon appointed theym what they shal haue to bere their charges whiche money assigned they can nat get of the treasouter At the daye appoynted they go nat whereupon they are accused to the Senate Here they must ley the fauâ—… from them to the treasoucer which dispatched them nat accordyng as it was ordey ned that he shulde ¶ TraÌ„slacion of the faut is whan he that coÌ„fesseth his faut sayeth that he dyd it mo ued by the indignacion of the maliciouse dede of an other ¶ Example Hynge Agamennon which was chief capit ayne of the Grekes at the siege of Troye whan he cam home was slayue of Egistê° by the treason of Clitenestra his owne wyfe which murder his son Orestes seynge whan he cam to mannes state reuenged his fathers dethe on his mother â—… slew her whereupon he was accused Here Orestes can nat deny but he slew his mother But he layeth for hym that