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A15530 The arte of rhetorique for the vse of all suche as are studious of eloquence, sette forth in English, by Thomas Wilson. Wilson, Thomas, 1525?-1581.; Erasmus, Desiderius, d. 1536. Matrimonii encomium. English. 1553 (1553) STC 25799; ESTC S111753 195,532 268

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iiii Ambiguitye or doubtfulnes v. Probation by thinges like vi Chalengynge or refusinge Definition what it is THen we vse to define a matter when wee can not agree vpon the nature of some word the which we learne to know by askyng the question what it is As for example Where one is apprehended for killing a man we laye murder to his charge wherupon the accused person when he graūteth the killing and yet denieth it to be murder we must straight after haue recourse to the definition and aske what is murder by defininge whereof and comparing the nature of the word with his dede done we shall sone know whether he committed murder or manslaughter Contrarye lawes IT often happeneth that lawes seme to haue a certaine repugnancie wherof emōg many riseth much cōtenciō wher as if both y e lawes wer wel weied cōsidered according to their circūstances thei wold appeare nothing contrari in matter though in wordes they seme to dissent Christ geueth warning chargeth his disciples in the .x. of Math. that they preach not the glad tidinges of his cōming into the world to the Gentils but to the Iewes only vnto whom he was sent by his father And yet after his resurrection we do read in the last of Mat. that he commaunded his disciples to go into all the whole world and preach the glad tidinges of his passion raunsome paied for al creatures liuing Now though these .ii lawes seme contrary yet it is nothing so For if the Iewes would haue receiued Christ acknowleged him their sauioure vndoutedly they had bene the onelye children of God vnto whom the promise and couenaunt was made from the beginninge But bicause they refused their Sauiour and crucified the Lord of glory Christ made the lawe generall and called all men to life that woulde repent promisinge saluation to all suche as beleued and were baptised So that the particuler law beyng nowe abrogated muste ●●ades geue place to the superioure Foure lessons to be obserued where contrarye lawes are called in question i. The inferioure law must geue place to the superiour ii The lawe generall muste yelde to the speciall iii. Mans lawe to Gods lawe iiii An olde lawe to a newe lawe There be Lawes vtterde by Christes owne mouthe the whiche if they be taken accordinge as they are spoken seme to conteyne great absurditie in them And therfore the mind of the lawe maker muste rather be obserued then the bare wordes taken onely as they are spoken Christ sayth in the v. of Mathew If thy right eye be an offence vnto thee plucke him out and caste him awaye from thee If one geue the a blowe of thy ryghte cheke turne to him agayne thy lefte cheke There be some Eunuches that haue gelded thēselfes for the kyngdome of heauen Go and sell all that thou hast and geue it to the poore He that doeth not take vp his crosse and folowe me is not worthy of me In all whiche sentences there is no suche meanyng as the bare wordes vttered seme to yelde Pluckyng out of the iye declares an auoydyng of all euill occasions receiuyng a blowe vpon the lefte cheke cōmendes vnto vs modestie and pacience in aduersitie Geldyng signifieth a subduyng of affeccions tamyng the foule luste of pleasure vnto the will of reason Go and sell all declares we should be liberal and glad to part with our gooddes to the poore and neady Bearyng the Crosse be●o●●●eth sufferance of all sorowes and miseries in this worlde Now to proue that the will of the lawe maker is none other then I haue saied I maie vse the testimonies of other places in the Scripture and compare theim with these sentences and so iudge by iuste examinacion and diligent searche the true meanyng of the lawe maker ¶ Ambiguitee SOmetymes a doubt is made vpon some woorde or sentēce when it signifieth diuerse thynges or maie diuersly be taken wherupon full oft ariseth muche contencion The lawyers lacke no cases to fil this parte full of examples For rather then faile thei will make doubtes oftē tymes where no doubt should be at all Is his Lease long enough ꝙ one yea sir it is very long saied a poore husbande man Then ꝙ he let me alone with it I wil finde a hole in it I warrant thee In all this talke I excepte alwaies the good lawyers and I maie well spare theim for thei are but a fewe ¶ Probacion by thynges like WHen there is no certain lawe by expresse wordes vttered for some heinous offender we maie iudge the offence worthy deathe by rehersall of some other Lawe that soundeth muche that waie As thus The ciuil lawe appoyncteth y t he shalbe put in a sacke and cast in the Sea that killeth his father well then he that killeth his mother should by all reason in like sort be ordered It is lawfull to haue a Magistrate therefore it is lawfull to plead matters before an officer And thus though the last cānot be proued by expresse wordes yet thesame is foūd lawfull by rehersall of the first ¶ Chalengyng or refusyng WE vse this order when wee remoue our sewtes from one Courte to another as if a manne should appele from the Common place to the Chauncerie Or if one should bee called by a wrong name not to answere vnto it Or if one should refuse to answere in the spirituall court and appele to the lorde Chauncellor ¶ The Oracion of right or wrong called otherwise the state Iuridiciall AFter a deede is well knowen to be doen by some out persone we go to the next and searche whether it be right or wrong And that is when the maner of doyng is examined and the matter tried through reasonyng and muche debatyng whether it be wrongfully doen or otherwise ¶ The diuision THis state of right or wrong is twoo waies diuided wherof the one is when the matter by the awne nature is defended to bee righte without any further sekyng called of the Rhetoriciās the state absolute The other vsyng litle force or strengthe to maintein the matter is when outward help is sought and bywaies vsed to pur●hase fauour called otherwise the state assumptiue ¶ Places of confirmacion for the first kynd are seuen j. Nature if self ij Goddes lawe and mannes lawe iij. Custome iiij Aequitie v. True dealyng vj. Auncient examples vij Couenauntes and deedes autentique TUllie in his moste worthy Oracion made in behalfe of Milo declareth that Milo slewe Clodius moste lawfully whom Clodius sought to haue slain moste wickedly For ꝙ Tullie if nature haue graffed this in man if lawe haue confirmed it if necessitie haue taught i● if custome haue kept it if aequitie haue mainteined it if true dealyng hath allowed it if all common weales haue vsed it if deedes auncient haue sealed this vp that euery creature liuyng should fense it self against outward violence no mā can thinke that Milo hath dooen wrong in killyng of Clodius except you thinke that