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
my selfe or yf any helpe to that science cometh out of other lyberall artes in whome I haue occupied al my lyfe surely I am bouÌ„de to no man more for them than to Archias whiche may lawfully if I may do any mâ—… any profite by them chalenge a chiefe por cion for hym therin ¶ Out of this place dyd this same Tully fetche the begynnyng of his fyrste epistle in whome he wrytethe to one Lentule on this maner I do so my deutie in al poyntes towarde you and so great is the loue and reuerence that I bere vnto you that all other men say that I can do no more and yet me semeth that I haue neuer don that that I am bounde to do eyther to you or in your cause ¶ We may also get beneuolence by reason of them whome we make our oracion of As yf we saye that we can neuer prayse hym to hyghly but that he is worthy moch more laude and prayse And so taketh sait Nazianzene beneuolence in his sayd oracion for samet Basile ¶ Also of them afore whome we speke as if we say it is for theyr profyte to laude or prayse the ê‘son And that we knowe very wel howe moche they haue alwayes loued hym and that he ought therfore to be prai sed the more for theyr sakes The maner is also to get vs beneuolence in the preface of our oracion by pynchyng and blamyng of our aduersarie As doth Tullie in the oracion that he made for one Aulus Cecinna wherin he begynneth his proeme thus If temerite and lake of shame coulde as moche preuayle in plees afore the iustices as doth audacite and temerarious boldenesse in the feldes and deserte places there were no remedie but euen so muste Aulus Cecinna be ouercome in this matter by Sextus Ebucius impudence as he was in the felde ouercome by his insidious audacite And these be the coÌ„mune formes of beneuolence ¶ A man may also fetche his proeme out of the nature of the place wher he speketh as Tullie dothe in the oracion made for Pompeius for the sendynge of hym into Asie agaynst kynge Mithridates of Pontus and kynge Tigraues of Armenie on this maner howe be it my lordes and mai sters of this noble citie of Rome I haueal tymes thought it a synguler reioyse to me if I myght ones se you gadred to gyther in a coÌ„pany to here some publique oracion of myne and agayne I iuged no place to be so ample and so honourable to speke in as this is 〈◊〉 ¶ Or he may begyn at the nature of the tyme that is than or at som other cyrcum staunce of his mater as Tully taketh the begynnynge of his oracion for Telius at the tyme this wise ¶ If so be it my lordes iuges any maÌ„ be now present here that is ignorâ—…t of your lawes of your processe in iugementê and of your customes surely he may well mar uell what so heynous a mater this shulde be that it onely shulde be syt vppon in an hygh fecst daye whan all the comonaltye after theyr olde custome are gyuen to the sight of playes ordeined after a perpetual vsage for the nones for them all maters of the law laid for the tyme vtterly a part ¶ He began also an other oracion for one Sertê° Roseius out of the daunger of the season that he spake in ¶ One may besyde these vse other maner of prohemes whiche by cause they are nat set out of the very mater it selfe or els the circumstaunces as in these aforsayd they are called peregrine or strauÌ„ge prohemes And they be taken out of seÌ„tences soleÌ„pne peticions maners or customes lawes sta tutes of nacyons contreys And on this maner dothe Aristides begyn his oracion made to the praise of Rome ¶ Demosâ—…henes in his â—…racyon made against Eschines toke his preface out of a solempne peticien besechynge the goddes that he might haue as good fauour in that cause as he had souÌ„de in all other maters that he had done afore for the comon welth ¶ In like maner beginneth Tully the ora cion that he made for one Murena also the oracyon that he made vnto the Romaynes after his retourne from exyle ¶ He begynneth also an other oracyon whiche he made as touchynge a lawe decreed for the diuision of feldes amonge the comunes out of a custome amonge them on this wyse ¶ The maner and custome of our olde faders of Rome hath ben c. And this is the maner of prefaces in any oracion whiche is also obserued in the making of epistles how beit there is farre lesse crafte in them than is in an oracyon ¶ There is yet an other fourme maner to begyn by insinuacion wherfore it beho ueth to know that insinuacion is whaÌ„ in the begynnyng yf the mater seme nat lau dable or honest we find an excuse therfore ¶ Example Homere in his Iliade describeth one Thersites that he was moost foule and euyll fauored of all the Grekes that came to the batayle of Troye for he was both gogle eyed and lame on the one legge with croked and pynched shulders and a longe pyked hede balde in very many places And besyde these fautes he was a great folysshe babler and ryght foule mouthed and ful of debate and stryfe â—…artynge alwayes agaynste the heddes and wyse men of the armye ¶ Nowe if one wolde take vpon hym to make an oracioÌ„ to the prayse of this losel whiche mater is of litle honesty in it selfe he must vse in stede of a preface an insinuacion That what thynge poetes or commune fame doth eyther prayse or dispraise ought nat to be gyuen credence to but rather to be suspecte For ones it is the nature of poetes to sayne and lye as bothe Homere and Uirgile which are the princes and heddes of al poetes do witnesse theÌ„ selfe Of whome Homere sayth that poetes make many lies and Uirgile he saith The moost part of the sene is but oeceyte Poetes haue sene blake soules vnder the â—…rthe poetes haue fayned and made many lyes of the pale kyngdome of Plato and of the water of Stigie and of dogges in hell And agayne coÌ„mune rumours howe often they ben vayne it is so open that it nede nat to be declared wherfore his trust is that the hearers wyll more regarde his saynge than fayned fables of poetes and fleyng tales of lyght folkes whiche ar for the more parte the grounders of fame rumours ¶ An example may be â—…et out of the declamacion that Erasmus made to the prayse of folysshenes ¶ An other example hath the same Erasmus in his second booke of Copia which is this Plato in the fyfte dialogue of his communaltie wyllethe that no man shall haue no wyfe of his owne but that euery woman shal be commune to euery man If any man than wolde eyther prayse or defende this mynde of Plato which is both contrarie to Christes religion and to the commune lyuynge of meÌ„ he myght as
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