¶ We may also begyn at the nature of the
tyme that we speke in / or at the nature of
the place / or at any other circumstaunce or
thynge incident. As Liuius in the .ix. boke
of his fourthe decade agaynste the feestes
that the Romaynes kept in the honour of
the ydolyssh god Bacchus / begynneth his
oracion at prayenge on this wyse.

THe solempne makynge of prayers
vnto the goddes was neuer so apte
nor yet so necessary in any oracion as it is
in this / whiche shall shew and admonysshe
you that they be very and ryght goddes /
whom our elders haue ordeyned to be wor[-]
shypped / adoured / and prayed vnto.

¶ Briefly in all prefaces belongynge to
oracions deliberatiues the office of the per[-]
sone: and the necessytye or commodytye
of the matter that we treate of are consy-
dered.

¶ The narracion.

IN oraciōs deliberatiues we vse very
seldome narracions / but for the more
parte in stede of them we make a brief pro[-]
posicion cōteinyng the sūme of our entent.
As now adayes nothing is so necessary as
to labour to brynge these dissencions that
be in the chyrche to a perfecte vnity & con-
corde / that accordyng to Christes sayng[e]s /
there be but one shepeherde and one folde.
Neuertheles we vse somtyme briefe narra[-]
ciions / whā yt som thyng hath ben don all
redy of yt that we giue our coūcell vpō / as
in the abouesayd oracion yt Tuli made for
Pōpey / where he maketh this narracion.

GReat & very perillous warre is made
bothe agaynst your tributours / and
also thē that bothe cōfederate with you: &
by you called your felowes / whiche warre
is moued by two ryght myghty kynges /
Mithridates & Tigranes. &c. ¶ After this
maner is a narracion in the oraciō yt Ha-
niball made to Scipio / & is cōteined in the
x. boke of ye .iii. decade of Liui[us] / right pro-
per & elegant / without any preface begyn-
nyng his narracion thus. hand ¶ If it hath
ben ordeyned by my fortune and desteny
that I whiche first of all ye Carthaginors
began warre with the Romayns / & which
haue almoost had the victory so often in
myne hādes / shuld now com of myne owne
mynde to aske peace. I am glad that for-
tune hathe prepared that I shulde aske it
of you specially. And amonge all your no-
ble landes this shall nat be one of the leest
that Haniball gaue ouer to you / to whom
the goddes had gyuen afore the vyctorye
ouer so many capitains of the Romayns /
& that it was your lucke to make an ende
of this warre / in the which the Romayns
haue had farre mo euyll chaunces thā we
of Carthagene. And whether it were my
desteny or chaūce yt ought me this skorn-
full shame. I which began the warre whā
your father was Consull / and after ioyned
bataile with hym whan he was made Ca-
pitayne of the Romayns army / must now
come vnarmed to his son to aske peace of
hym. It had ben best for bothe parties yf
it had pleased the goddes to haue sent our
fore faders that mynde / that you of Rome
wolde haue ben content with the Empyre
of Italy / and we Carthaginoys with Af-
frike. For neither Sicil nor Sardinia can
be any sufficēt amendes to either of vs for
so many naueis / so many armies / so many
and so excellent capitaines lost in our war-
res betwene vs / but thynges passed / may
soner be blamed than mended. We of Car-
thagene (as touchynge our parte) haue so
couetyd other dominions / that at lengthe
we had busines ynough to defende our pos[-]
sessions. Nor the warre hath nat ben only
with you in Italy or with vs onely in Af-
fryke: but at the pleasure of fortune / som-
tyme here and som there / in so moche that
you my maisters of Rome haue sene ye stā[-]
derdes and armes of your enemies harde
at your walles and gates of the citie. And
we on the other syde haue herde the noyse
out of your campe into our citie.

¶ After the narracion ought to folowe
immediately the proposicion of our coun-
cell or aduise. As after the narraciō of Ha-
niball afore reherced / foloweth the propo-
sicion of his purpose thus.

THat thynge is now entreated while
fortune is fauourable vnto you / that
we ought moost to abhorre / and you sure-
ly ought aboue all thynges to desyre / that
is to haue peace. And it is most for the pro[-]
fyte of vs two / whiche haue the mater in
handelyng that peace be had. And sure we
be / that what so euer we agree vppon / our
cities wyll ratifie the same.

¶ Next foloweth the confirmacion of tho
thynges yt we entende to persuade / which
must be fet out of the places of honesty / pro[-]
fite / easines / or difficulty. As if we will per[-]
suade any thynge to be done / we shall shew
that it is nat only honest & laudable: but al[-]
so profytable & easy ynough to perfourme.
Or if we can nat chose but graūt that it is
harde / yet we shall shew that it is so honest
a dede / so worthy praise / & besydes so great
cōmodity wyll come therof / that the hard-
nes ought in no wise to fere vs: but rather
be as an instigacion to take the thynge on
hande / remembrynge the greke prouerbe.
Scisnola ta nala / that is to say / all excellent
& cōmēdable thyng[e]s be hard & of difficulty.

¶ In honesty are cōprehēded all vertues /
as wysdō / iustice / due loue to god / & to our
parentes / liberality / pity / constāce / tempe-
rance. And therfore he that wyll for the cō[-]
fyrmyng of his purpose declare & proue yt
it is honest & cōmendable yt he entēdeth to
persuade hym: behoueth to haue perfyte
knowlege of ye natures of vertues. And al[-]
so to haue in redy remembraūce sentences
bothe of scripture & of philosophy / as ora-
tours & poetes / & besyde these / examples of
historyes / for garnyssshyng of his maters.

¶ As cōcernynge the place of vtilitie / we
must in all causes loke if we may haue any
argumētes wherby we may p[ro]ue that our
coūcell is of suche necessity / that it can nat
be chosen but they must nedes folow it / for
tho argumētes be of farre greater strēgth
than they yt do but onely proue the vtility
of ye mater. But if we cā haue no suche ne-
cessary reasōs / thā we must serche out ar-
gumētes to p[ro]ue our mynde to be p[ro]fitable
by circūstances 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 īpossi[-]
bilite / for these p[ro]ues are of strenger nature
thā the other / & he yt wyll shew yt a thyng
may be done easely: must presuppose ye pos[-]
sibilite therof. As he on the other side that
wyll p[er]suade a thyng nat to be done / yf he
shew & manifest yt it is impossible / argueth
more strōgely thā if he could but only p[ro]ue
difficulty in it / for as I sayd / many thyng[e]s
of difficulty yet may be the rather to be ta-
ken on hande / that they may get thē that
acheue them the greater fame and prayse.
And these argumentes be fet out of the cir[-]
cūstances of ye cause / yt 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 impedimētes that may be ther-
in. In this purpose examples of histories
are of great efficacy.

¶ The confutacion is the soilynge and re-
fellyng of other mēnes sayeng[e]s that haue
or might be brought against our purpose /
wherefore it consisteth in places contrary
to the places of confirmaciō / as in p[ro]uyng
the sayenges of the contrary part / neither
to be honest nor profitable / nor easy to per-
forme / or els vtterly impossible.

¶ The conclusion standeth in two thyn-
ges / that is is to say / a briefe and compen-
diouse repetyng of all our reasons that we
haue bronght for vs afore / and in mouyng
of affections. And so dothe Ulysses con-
clude his oracion in the .xiii. boke of Oui-
des metamorphosy.

¶ Of the thyrde kynde of ora-
cions / 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 ne-
glecte 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 ye which I made
mencion in the begynnynge of my boke.
The state of the cause is this. Milo slewe
Clodius lawfully / whiche thynge his ad-
uersaries denyed / and yf Tully can proue
it / 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 se-
conde / legitime. The thirde / iudiciale / and
euery of these hathe his owne proper pla-
ces to fet out argumentes of them / where-
fore they shall be spoken of seuerally. And
fyrste we wyll treate of state coniecturall /
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 p[ro]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 Achil-
les / which of them shulde haue his armour
as nexte to the sayd Achilles in valiaunt-
nes. 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 Ulis-
ses 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 chaūced to com the same way / which
seynge theyr frende deed / and his olde ene-
my 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 theles the enuye that was betwene
Aiax and hym: made the mater to be nat a
lytle suspect / specially for yt he was foūde
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 yt we haue
on hāde / either in blamyng our aduersary /
or els mouynge the herers to haue pity on
our client. Or els we begyn at our owne p[er]-
sone / or at the prayse of the Iuge. &c[etera].

¶ The narracion.

THe narraciō or tale is the shewynge
of the dede in maner of an historye /
wherin ye accuser must craftly entermēgle
many suspicions which shall seme to make
his mater p[ro]uable. As Tulli in his oracion
for Milo / where in his narracion he inten-
deth by certayn cōiectures to shew yt Clo[-]
dius laye in waite for Milo / he in his sayd
narracion handeleth that place thus.

¶ In the meane season whā 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 ye same day for mat[er]s wher-
in also he had great adoo hym selfe / & very
necessarye it had ben for hym to haue ben
there / yet this nat withstandyng / all other
thynges aparte: he went his way / whiche
you may be sure he wold neuer haue done /
saue onely that he had fully determined to
preuent a tyme and place conuenient for
his malicius entēt afore Miloes comyng.

¶ In this pece of Tullies narracion are
entermengled fyrst that Clodius knew of
Miloes goynge / whiche maketh the ma-
ter suspecte yt Clodius went afore to mete
with him / for this was well knowen afore
that Clodi[us] bare Milo great grudge and
malice. Next is shewed the place where as
Clodius met Milo / whiche also gyueth a
great suspicion / for it was nygh Clodius
place / where he myght sone take socour / &
the tother was in leest assuraūce. Thyrdly
that he departed out of the city / what tyme
it had ben most expedient / ye / & also great-
ly requisite for hym to haue ben at home.
And that again maketh the mater suspect /
for surely he wold nat (as Tully hym selfe
saieth) in no wise haue ben absent at suche
a busy tyme / onles it had ben for som great
purpose / and what other shulde it seme thā
to slee Milo. As surely euident it was that
they buckled to gyther / and this was well
knowen that Milo had a necessary cause
to go furth of Rome at that tyme. Contra[-]
ryly in Clodius coulde be perceyued non
other occasion to departe than oute of the
citie: but of lykelyhood to lye in wayte
for Milo.

¶ The proposicion.

OUt of the narracion must be ga-
deryd a briefe sentence / wherein
shall stande the hole pithe of the
cause / for Rhetoriciens put incontinent af[-]
ter the narracion diuision / which is a part
of contencion / & dothe bryefly shew wherin
the controuersy doth stande / or what thin-
ges shall be spoken of in the oracion. This
diuision is deuyded into seiunction and di-
stribucion.

¶ Seiunction is whan we shew wherein
our aduersaries and we agree / and what it
is / whereupon we stryue. As they that ple-
dyd Clodius cause agaynst Milo / myght
on this maner haue vsed seiunction. That
Milo slew Clodius: our aduersaries can
nat denaye / but whether he myght so do
lawfully or nat / is our controuersy. Distri-
bucion is the proposicion wherein we de-
clare of what thynges we wyll speke / of
whiche yf we propose how many they be /
it is called enumeracion / but yf we do nat
expresse the nombre / it is called exposicion.

¶ Example of bothe is had in the oracion
that Tully made to the people that Pom-
peyus myght be made chiefe capitayne of
the warres agaynst Mithridates and Ti-
granes / where after the preface and narra[-]
cion he maketh his proposicion by exposi-
cion thus.

Fyrste, I thynke it expedyent to speke
of the nature & kynde of this warre /
and after that of the greatnes thereof / and
than to shewe how an hede or chiefe capy-
tayne of any army shulde be chosen.

Whiche last membre of his exposicion he a-
gayne distributeth into foure partes thus
as foloweth.

TRuely this is myne opinion / that he
whiche shall be a gouernour of an
hoost / ought to haue these foure property-
es in hym. The fyrste is / that he haue per-
fyte knowlege of all suche thynges as lon-
geth to warre. The seconde is that he be a
man of his handes. The thyrde that he be
a man of suche auctority: that his dignity
may cause his souldiers to haue hym in re-
uerence and awe. The fourth is that he be
fortunate and lucky in all thynges that he
goeth about.

¶ Tully in the oracion for Milo / propo-
seth all onely shewynge wherin the contro[-]
uersy of the plee dyd stande on this maner
as foloweth.

IS there than any thynge els yt must
e tryed and iudged in this cause saue
this: whether of them bothe beganne the
fraye and entended to murder the tother?
No surely. So that yf it can be founden
that Milo went about to distroye Clodi-
us / than he be punysshed therefore accor-
dyngly. But yf it can be proued that Clo-
dius was the begynner and layed wayte
for to slee Milo / and so was the sercher of
his owne dethe / and that what Milo dyd
it was but to defende hym selfe frome the
treason of his enemy and the sauegarde of
his lyfe: that than he may be delyuered
and quyt.

¶ Of confirmacion.

THe confirmacion of the accu-
ser is fetched out of these pla-
ces / wyll / and power. For these
two thynges wyll cause the persone that
is accused to be greatly suspect that he had
wyll to do the thyng that he is accused of /
and that he myght well ynoughe brynge
it to passe.

¶ To proue that he had wyll therto: you
must go to .ii. places. The one is ye qualite
of the persone / & the other is the cause that
meuyd him to the dede. The qualitie of the
person is thus handled. First to loke what
is his name or surname / and if it be nough[-]
ty to saye that he had it nat for nothynge:
but that nature had suche pryue power in
men to make them gyue names according
to the maners of euery person. Than next
to behold his contrey. So Tulli in his ora[-]
cion made for Lucius Flaccus / to unproue
the witnes that was brought against him
by Grekes / layeth vnto them the lightnes
of theyr contrey. This (sayeth Tulli) do I
say of the hole nacion of Grekes. I graūt
to them that they haue good lernyng / and
the knowlege of many sciences. Nor I de-
nye nat but that they haue a pleasant and
marueylouse swete speche. They are also
people of high and excellent quicke wyt / &
thereto they be very facundiouse. These &
suche other qualities wherein they booste
thē selfe greatly: I wyll nat repyne agaīst
it that they bere the maistry therein. But
as concernyng equitie and good consciēce /
requisite / in berynge of recorde / or gyuyng
of any wytnes / & also as touchynge faith-
fulnes of worde and promyse: truely this
nacion neuer obserued this property / nei-
ther they knewe nat what is the strength /
auctoritye / and weight therof.

¶ So to Englysshmen is attributed sūp-
tuousnes in meates & drinkes. To French
men / pryde / & delyte in new fantasyes. To
Flemmynges and Almaynes / great dryn-
kyng / & yet inuētife wittes. To Britayns /
Gascoignes / and Polones / larrecine. To
Spanierdes / agilitye. To ytaliens / hygh
wyt and moche subtilty. To Scottes / bold[-]
nes / to Irissh men / hastines. To Boemes
valiauntnes and tenacite of opinions. &c.

¶ After that to loke on his kynred / as yf
his father or mother or other kynne were
of yll disposicion / for as the tree is: suche
fruite it bereth.

¶ On this wyse dothe Phillis entwyte
Demophon / that his father Theseus vn-
curteysly and trayterously lefte his loue
Ariadna alone in the desert yle of Naxus /
& contrary to his promise stale from her by
nyght / addynge Heredem patria perfide frau-
dis agis. That is to saye / vntrew and false
forsworne man / thou playest kyndely the
fathers heyre / in deceytable begylynge of
thy true louer.

¶ After that we must loke vppon the sex /
whether it be man or woman that we ac-
cuse / to se yf any argumēt cā be deduct out
of it to our purpose. As in men is noted au[-]
dacity / women be comonly tymerouse.

Than nexte / the age of the persone. As in
Therence Simo speketh of his son Pam-
philus / 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 .ii. 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 strēgth of body / or agi[-]
lity / & quicknes of wyt / out of whiche may
be broght many reasōs to affyrme our pur[-]
pose. So Tulli in his oracion for Milo /
wyllynge to proue y[at] Clodius was the be-
gynner 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 wōt
afore but to ryde in a wagen & to haue his
wyfe with him: at that tyme rode furth on
horsebacke. And where as afore he was al-
wayes accustomed to haue knaues & que-
nes 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 a-
ny argument to our purpose out of the per[-]
sones face or countenance / & so doth Tully
argue in his oraciō agaynst Piso / sayeng.

¶ Seest thou nat now thou beest? doest y[o]u
nat now p[er]ceyue what is mennes cōplaynt
on thy visage? there is nō that cōplaineth
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 bro-
wes / forhed / & hole coūtenaūce / which in a
maner doth manifest mēnes cōdiciōs & na[-]
ture it hath deceiued vs. ¶ This done / we
must consyder how he hath bē brought vp
y[at] we accuse / among whom he hath lyued / &
whereby / how he gouerneth his houshold /
& assay if we cā 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
mānes 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 euer-
more the contrary) is sure staye for the de-
fender / 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 chosē mē.
And for to clere Milo he sheweth the con-
trary / that he had with hym syngyng lad-
des and women seruantes that wayted on
his wyfe / whiche maketh it of more likely-
hood yt Clodius went about to slee Milo:
than Mylo hym.

¶ The cause that moueth to the mischiefe
lyeth in two thynges. In naturall impul-
sion / and racionacion.

¶ Natural impulsion is angre / hatred / co[-]
uetyse / loue / or suche other affections.

So Simo in Therence / whan he had sayd
that Dauus (whō 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 Sosia de-
maunded 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 gy-
ther qualitie and naturall impulsion / say-
enge. A iuuene et Cupido credatur reddita vir-
go? 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 argumētes bryngeth in one against
Clodius by naturall impulsion of hatred /
shewynge 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 malici-
ously hated. Agayne that Milo oppressyd
many of his furiouse purposes. And final-
ly by cause the sayd Milo accused hym and
cast hym afore the Senate and people of
Rome.

¶ Raciocinaciō is that cometh of hope of
any commodity / or to eschew any discom-
modity. As Tully argueth in his oracion
for Milo agaynst Clodius by raciocinaci-
on to proue that it was he that layde wayt
for Milo on this maner.

IT is sufficient to proue that this cru-
ell and wicked beest had a great cause
to slee Milo / yf he wolde brynge his ma-
ters that he wēt about to passe / and great
hope if he were ones gone / nat to be letted
in his pretenced malyce.

¶ After raciocinacion foloweth compro-
bacion / 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 conuenient and
strength withall. ¶ Also you
shall proue it by signes / whiche are of mer-
uaylouse efficacye in this behalfe / where-
fore here must be noted that sygnes be ey-
ther wordes or dedes that either did go be-
fore 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 Mi-
lo 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 mysche-
uous 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 & inuerciō.

¶ Absoluciō is wherby the defendour she-
weth that it is laufull for hym to do that
what the aduersary bringeth in for a signe
of his malice.

¶ Example.

¶ 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 ye pre-
seruacion of his body from rauons & other
that wolde deuoure hym / tyll tyme he had
warned people to fetche and bury hym.

¶ Inuercion is wherby we shew that the
signe whiche is brought agaīst vs: maketh
for vs. As I wolde nat haue taryed to co-
uer 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 cōclusion is as I haue said
afore in briefe repetynge of the
effecte of our reasons / & in mo-
uynge 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 opē 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 nar-
racion as afore.

THe confirmacion hath certayn
places appropred thereto / but
here must be marked that state
negociall is double / absolute / & assūptyue.

¶ State negociall absolute is whan the
thynge that is in controuersy is absolute-
ly defended to be laufully done. As in the
oraciō of Tulli for Milo / the dede is styfly
affirmed to be lawfully done in sleyng Clo[-]
dius / seynge that Milo dyd it in his owne
defence / for the law permitteth to repell vi-
olence violently.

¶ The places of confirmacion in state ab[-]
solute are these / nature / law / custome / equi[-]
ty or reason / iugemēt / necessity / bargayne
or couenant. ¶ Of the whiche places Tul[-]
ly in his oracion for Milo bryngeth in the
more parte to gyther in a cluster on this
maner.

IF reason hath prescrybed this to ler-
ned 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 vi-
olence by any maner of socour / what mea-
nes or way so euer it were. you cā nat iuge
this dede euyll done / except you wyll iudge
that whan men mete with theuys or mur-
derers / they must either be slayne by the
wepons of suche vnthryfty and malicious
persones: either els perysshe by your sen-
tence gyuen in iugement vpon them.

¶ State assumptiue is whan the defence
is feble of it selfe / but yet it may be holpen
by some other thynge added to it. And the
places longynge to this state are graun-
tynge of the faute / remouynge of the faut /
or (as we say in our tongue) layeng it from
vs to an other / & tanslatynge of the faute.

¶ Grauntyng of the faut is whan the per[-]
son accused denieth nat the dede / but yet he
desyreth to be forgyuen / & it hath .ii. places
mo annexyd to it / purgacion & deprecaciō.

¶ Purgacion is whan he sayeth he dyd it
nat maliciously: but by ignorāce 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.

¶ Deprecaciō is whā 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 forgyuē of his
faut / must reherce (yf he can) som be-
nefytes of his / done afore tyme / and shew
that they be farre greater in theyr nature
than is the cryme that he hathe commyt-
ted / so that (how be it he hath done great-
ly amysse) yet the goodnes of his fore me-
rites are farre bygger / and so may well op-
presse this one faut. Nexte after that it be-
houeth 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 ei-
ther 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 frō 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 re-
cōpence & pleasure therfore agayne. After
this let hym (yf he can) declare som kynred
betwene thē & hym / or frendshyp of his el-
ders / & amplifye the greatenes of his ser-
uice & 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 vertues and suche thyn[-]
ges as be in hym perteynyng to honesty &
prayse / that he may by these meanes seme
rather worthy to be auaunced 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 vn[-]
derneth hym. And than let hym extenuate
his owne faute / and shew that there folo-
wed nat so great damage therof / and that
but lytle profyte or honesty wyll folowe of
his punysshment. And finally than by co-
mon places to moue the iudge to mercy &
pitie 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 Venecians haue commannded
certayne to go in ambassade to En-
glande / and thereuppon appointed theym
what they shal haue to bere their charges /
whiche money assigned: they can nat get
of the treasourer: At the daye appoynted
they go nat / whereupon they are accused
to the Senate. Here they must ley the faut
from them to the treasourer / which dispat-
ched them nat accordyng / as it was ordey[-]
ned that he shulde.

¶ Trāslacion of the faut is / whan he that
cōfesseth his faut sayeth that he dyd it: mo[-]
ued by the indignacion of the maliciouse
dede of an other.

¶ Example.

KYnge Agamennon / which was chief
capitayne of the Grekes at the siege
of Troye / whan he cam home was slayne
of Egist[us] by the treason of Clitenestra his
owne wyfe / which murder his son Orestes
seynge / whan he cam to mannes state / re-
uenged his fathers dethe on his mother / &
slew her / whereupon he was accused. Here
Orestes can nat deny but he slew his mo-
ther: But he layeth for hym that his mo-
thers abhominable iniury cōstrayned him
thereto / bycause she slew his father.

And this is the handelynge of confirmaci-
on 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 con-
trouersy standeth in definicion or
contrary lawes / or doutfull wry-
tynges / or raciocinacion / or translacion.

¶ Of definicion.

DEfinicion (as Tully wryteth) is
whan in any wrytynge is some
worde put / ye significaciō wher-
of requireth exposicion.

¶ Example.

A Lawe may be made that suche as
forsake a shyppe in tyme of tempest
shulde lese theyr ryght yt they haue / either
in the shyppe or in any goodes within the
same vessell / & that they shal haue the shyp
& the goodes that abyde styll in her.

¶ It chaūced .ii. men to be in a lytle cray-
er / 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 ieopar-
dy 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 w[i]t[h] his owne sword /
but as it chaunced the wounde was ney-
ther mortall nor very greuouse / but nat-
withstādyng for that tyme he was vnable
to do any good in helpyng the shyp against
the impetuousnes of ye 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 yt
was hurt (by helpe of chirurgiens) recoue[-]
red anon. Now euery of these thre chalēge
the shyp & good[e]s as his owne. Here euery
man layeth for hym the lawe aboue reher-
ced / 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. Nexte / 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 expo-
sicion / & 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 profy-
table / and to conster theyr exposicion with
oures / and to shew that oures conteyneth
the veritie / and theyrs is falce. Oures ho-
nest / reasonable / & profitable: Theyrs clene
contrarye. And than serche out lyke exam-
ples / either of greater maters or of lesse / or
els of egall maters / and to manifest by thē
that our mynde is the very truthe.

¶ Contrary lawes are where the tone se-
meth euidently to contrarye the other. As
yf a law were that he whō his father hath
forsaken for his sōne / 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 ye shyp
and goodes. Than pose that one whiche
was of his father so abiecte and denyed for
his chylde: was in a shyp of his fathers in
tyme of sore wether / & whan all other for
feare of lesynge them selfe forsoke the shyp
& gate them into the bote: he onely abode /
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 for-
saken 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 frō theyr
fathers goodes suche as be abdicate & yet
wolde chalenge a part as his children / but
yt 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 gy-
ueth him the shyp yt abideth in her in time
of necessity. And so the handelynge of this
state / either to deny one of yt lawes & shew
that it hath ben afore anulled / or els to ex-
pounde 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 law /
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 /
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 ef-
fect of the straūgers wyll be declared / that
he went vp to defend ye 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 ex-
cepcion which shuld be to the welth / p[ro]fite /
or preseruacion of the towne. For he that
wyll nat haue ye law to be vnderstandē 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 / yt no straūger shulde p[re]sume to
go vpon the walles / & reherce ye law word
for worde / & thā shew som reasonable cause
that mouyd the maker of the law that he
wolde vtterly that no straunger shulde as-
cende the walles. &c. Exāple of the secōd.

A Man in his testamēt gyueth to two
yonge doughters that he hathe two
hūdred shepe / to be delyuered at the day of
theyr maryage / on this maner. hand 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 execu-
tours deliuer nat of suche sort as the may-
dēs wold / wherupō the cōtrouersy 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 here standeth the dout / to whom we
shall referre this worde they / to the dought-
ters / 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 wrytē
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 & p[ar]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 mā: but he wyll take it as we say. Thā
shal we declare by that that goeth afore / &
foloweth / that it is clerly euin as we say / &
that yf we consider the wordes of thē selfe
they wyll seme to be of ambiguity / but se-
ynge 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 ben his minde that made the writyng
to haue it taken as the aduersarye sayeth:
he neded nat to haue wrytē any suche wor[-]
des. As in the example now put / the may-
dens may say that yf it had ben theyr fa-
thers mynde that the executours shoulde
haue delyuered suche shepe as it had plea-
sed them to delyuer: he neded nat to haue
added these wordes suche as they wyll. For
yf they had nat ben put / it wolde nat haue
ben dought but that the executours dely-
uerynge euery of them an hundred shepe
(what so euer they were) had fulfylled the
wyll / and coulde haue ben no further com-
pelled / wherfore if his mynde was as they
say / it was a great folye to put in tho wor-
des whiche made a playne mater to be vn-
plaine. 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 decreed /
but yet the iugement therof may be foūde
out by lawes made vpon maters somdele
resemblynge thereunto.

¶ As in Rome was this law made / that
yf any persone were distraught / his posses-
sions and goodes shulde come to the han-
des of his next kynne.

¶ And an other law / what any househol-
der doth ordeyn & make as concernyng his
householde and other goodes / it is appro-
bate 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 chaūced one
to kyll his owne mother / wherupō he was
taken & cōdēpned 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 kynnesmē
chalenge his good[e]s / his executours say thē
nay / wherupō ariseth cōtrouersy afore the
iustice. ¶ There is no law made vpon this
case / whether he yt hath killed his mother
may make any testamēt or nat / but it may
be reasoned on bothe p[ar]ties by the lawes a-
boue reherced. The kynsmen shal allege ye
law made for thē yt be out of theyr mynd[e]s /
p[re]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 yt moued hym
to it / & that he hathe had his punysshment
therfore / whiche he shulde nat haue suffred
of cōuenient if he had ben besyde him selfe.

¶ Translacion is whiche the lawyers call
excepcion / as yf the person accused pleade
that it is nat lawfull for the tother to ac-
cuse hym / or that the Iuge can be no iuge
in that cause. &c.

hand ¶ The conclusion of the Author.

THese are my speciall and
singuler good Lorde whiche I
haue purposed to wryte as tou-
chyng the chief poynt of ye .iiii.
that I sayd in the begynnyng to long to a
Rhetoricien / & which is more difficulty thā
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 cōfidence & trust / & after yt yf I fynde
that it seme to ye reders a thing worthy to
be loked on / & yt your lordshyp & they think
nat my labour takē in vayne: I wyll assay
my selfe in ye other partes / & so make & ac-
cōplyssh ye hole werk. But now I haue fo[-]
lowed ye facion of Tulli / who made a seue[-]
rall werke of inuencion. And though ma-
ny 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 en-
tred all redy shall haue lytle nede of my la-
bour / but they may seke more meter thyn-
ges for theyr purpose / either in Hermogi-
nes 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 Ho-
race ī his boke of ye craft of Poetry sayth.

hand Quicquid precipies esto breuis vt cito dicta
Percipiant animi dociles teneantq[ue] fideles.

hand What so euer ye wyll teache (sayeth he)
be briefe therin / that the myndes of the he-
rers or reders may the easiyer perceyue it /
and the better bere it away. And the Em-
perour Iustinian sayeth in the fyrste boke
of his institucions in the paragraph of iu-
stice and right / that ouer great curiosity in
the fyrst principles / make hym that is stu-
diouse 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 ve-
ry rude and skant worthe the lokynge on:
yet Aristotles wordes shal confort me / who
sayeth yt men be nat onely bounde to good
authors: but also to bad / bicause yt 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 nothynge 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 whō 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 lord-
shyp / 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 mercy be of the nombre of
his elect to p[er]petuall saluacion.