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
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
his mothers abhominable iniury coÌ„strayned him thereto by cause she slew his father And this is the handelynge of confirmacion in state assumptiue ¶ The conclusions in these oracions are lyke to the conclusions of other ¶ Of state legitime and the handelyng therof STate legitime is whan the controuersy standeth in definicion or contrary lawes or doutfull wrytynges or raciocinacion or translacion ¶ Of definicion DEfinicion as Tully wryteth is whan in any wrytynge is some worde put the significacioÌ„ wherof requireth exposicion ¶ Example A Lawe may be made that suche as forsake a shyppe in tyme of tempest shulde lese theyr ryght that they haue either in the shyppe or in any goodes within the same vessell that they shal haue the shyâ—…â—… the goodes that abyde styll in her ¶ It chauÌ„ced 11. men to be in a lytle crayer of the whiche vessell the one man was both owner and gouernour and the other possessour of the goodes And as they were in the mayne see they espied one that was swymmynge in the see and as well as he coulde holdyng vp his handes to them for socour wherupon they beyng moued with pitie made towarde hym toke hym vp within a lytle after arose a greate tempest vpon them and put them in suche ieopardy that the owner of the shyp which was also gouernour lepte out of the shyp into the shyp bote and with the rope that tyed the bote to the shyp he gouerned the shyp as well as he coulde The marchant that was within the shyp for greate dispayre of the losse of his goodes wyllyng to slee him selfe threst hym selfe in â—… his owne sword but as it chaunced the wounde was neyther mortall nor very greuouse but natwithstaÌ„dyng for that tyme he was vnable to do any good in helpyng the shyp against the impetuousnes of the storme The thyrd man whiche nat longe afore had suffered shyp wracke gate hym to the sterne and holpe the vessell the best that laye in hym At lengthe the storme seaced and the shyp came safe into the hauen bote all He that was hurt by helpe of chirurgiens recoue red anon Now euery of these thre chaleÌ„ge the shyp goodê as his owne Here euery man layeth for hym the lawe aboue reherced and all theyr controuersy lyeth in the expoundynge of thre wordes abydynge in the shyp and forsakynge the shyp what we shal in suche case call the shyp whether the bote as part of the shyp or els the shyp it selfe alone ¶ The handelynge hereof is Fyrst in few wordes and playne to declare the significa cion of the worde to our purpose and after suche maner as may seme resonable to the audience Nerâ—…e after suche exposicion to declare and proue the sayd exposicion true with as many argumentes as we can Thyrdely to ioyne our dede with the exposicion to shew that we onely dyd obserue the very entent of the lawe Than to refell the exposicion of our aduersaries to shew that their exposicion is contrary to reason and equitie and that no wyse man wyll so take the law as they expounde it and that the exposicion is neither honest nor profytable and to couster theyr exposicion with oures and to shew that oures conteyneth the veritie and theyrs is falce Oures honest reasonable profitable Theyrs clene contrarye And than serche out lyke examples either of greater maters or of lesse or els of egall maters and to manifest by thâ—… that our mynde is the very truthe ¶ Contrary lawes are where the tone semeth euidently to contrarye the other As yf a law were that he whoÌ„ his father hath forsaken for his soÌ„ne shall in no wyse haue any porcion of his fathers goodes And an other law that who so euer in tyme of tem pest abydeth in the shyp shall haue the shyp and goodes Than pose that one whiche was of his father so abiecte and deuyed for his chylde was in a shyp of his fathers in tyme of sore wether whan all other for feareof lesynge them selfe forsoke the shyp gate them into the bote he onely abodc and by chaunce was safe brought into the hauen wherupon he chalengeth the vessell for his where as the party defendant wyll lay against hym that he is abdicate or forsaken of his father and so can nat by the law haue any parte of his goodes Here must he say agayn for hym that this law alleged doth all only priuate froÌ„ theyr fathers goodes suche as be abdicate yet wolde chalenge a part as his children but that he doth nat so but requireth to haue the shyp nat as a son to his father but as any other straunger myght seyng the law gyueth him the shyp that abideth in her in time of necessity And so the handelynge of this state either to deny one of that lawes shew that it hath ben afore anulled or els to expounde it after the sence that is mete to our purpose ¶ Doubtfull writynge is where either the mynde of the author semeth to be contrary to that that is wryten which som call wry tynge sentence or els it is whan the wor des may be expounded dyuers wayes ¶ Example of the fyrst MEn say it is a law in Caleys that no straunger may go vppon the towne walles on payne of dethe Now than pose that in tyme of warre the towne beynge harde besieged an alien dwellynge in the towne getteth hym to the walles amonge the soudiers doeth more good than any one man agayn Now after the siege ended he is accused for transgressyng of the lawâ—… which in wordes is euidently against him But here the defendaunt must declare the wryters mynde by circumstaunces what straunger he dyd forbyd and what tyme â–ª and after what maner and in what intent he wolde nat haue any straunger to come on the walles in what intent his mynde might be vnderstanden to suffre an alien to go vpon the walles And here must the effect of the strauÌ„gers wyll be declared that he went vp to defend the towne to put back their enemies And therto he must say that the maker was nat so vndiscrete vnreaso nable that he wolde haue no maner of excepcion which shuld be to the welth ê“fite or preseruacion of the towne For he that wyll nat haue the law to be vnderstandeÌ„ ac cordyng to equitie good maner nature entendeth to proue the maker therof either an vniust man or folyssh or enuiouse ¶ The accuser contraryly shall praise the maker of the law for his great wisdom for his playne writyng without any maner of ambiguity that no strauÌ„ger shulde pÌ„sume to go vpon the walles reherce the law word for worde thaÌ„ shew som reasonable cause that mouyd the maker of the law that he wolde vtterly that no straunger shulde ascende the walles c. EraÌ„ple of the secoÌ„d A Man in his testameÌ„t gyueth to two yonge doughters that he hathe two huÌ„dred shepe to be delyuered