Chapter II: Part 2

WHan the Romaynes had expelled theyr kynge / whome the historiciens call Tarquine the proude / out of the citie / and fully enacted that they wolde ne[-] uer haue kynge to reigne more ouer them. This Tarquin[us] went for aide and socour to the kynge of Tuscaye / whiche whan he [C.v.r] could by no menes entreat the Romains to receiue agayn theyr kyng / he cam with all his puissaunce against the citie / & there long space besieged the Romaynes / by rea[-] son wherof / great penury of whete was in the citie / & the kynge of Tuscay had great trust / that continuynge the siege / he shulde within a litle lenger space compell the Ro[-] maynes thrugh famine to yelde the[m]selfe.

¶ In the meane season a yong man of the citie named Gaius Mucius / came to the Senatours and shewed them that he was purposed yf they wolde gyue hym licence to go furthe of the citie to do an acte that shuld be for theyr great profite and welth / whereupon whan he had obteined licence / priuely / with weapo[n] hyd vnder his vesture he cam to the Tuscans campe / & gate hym among the thickest / nigh to the tent where as the kyng sat with his chaunceller / pay- enge the sowdiers the wages. And bicause that they were almoost of lyke apparell / & also the chaunceler spake many thynges as a man beynge in auctoritie / he coulde nat tell whether of theym was the kynge / nor he durst nat aske / leest his demaunde wolde haue bewrayed hym / for as for lan- guage they had one / & nothyng was diffe- rent / for bothe Tuscains & Romains were [C.v.v] all of Italye / as in tymes past / Englande hathe had many kynges / though the lan- guage & people were on. And thus beynge in doubt whether of them he myght steppe vnto / by chaunce he strake the chaunceller in stede of the kynge / and slew hym / wher- fore whan he was taken and brought be- fore the kynge / for to punysshe his hande that had failed in takyng one for an other / and agayn to shew the kynge how litle he cared for his menaces / he thrast his hande into the fire / which at that time was there prepared for sacrifyce / & there in the flame let it brenne / nat ones mouynge it. The kynge greatly marueylynge at his audaci[-] tie & hardy nature / co[m]mended hym greatly thereof / and bad hym go his way free: For the whiche (as though he wolde make the kyng a great amendes) he fayned that .iii. C. of the noblest yonge men of Rome had conspyred to gyther in lyke maner euery one after another vnwar[e]s to slee hym / and all to put theyr bodies and liues in hasard tyll tyme shulde chaunce that one myght acheue theyr entent. For fere whereof the kynge furthwith fell at a pointement with the Romaines / and departed. The yonge man afterwarde was named Sceuola / whiche is as moche to say in Englyssh as [C.vi.r] lefte ha[n]ded. For as I haue reherced afore / he brente his right hande / so that he had lost the vse therof.

¶ IF any oratour wolde in an oracyon commende this dede / he myght conueni- ently make the preface on this facion.

THere is no doubte my lordes & maysters of Rome: but that the reme[m]braunce of Sceuolaes name is very pleasant vnto your audie[n]ce / whiche with one act that he dyd / endewed your citie with many and greate commo- dytees. &c[etera].

¶ This maner of preface is moost conue[-] nyent and best annexyd to suche maner of oracyons demonstratiues.

¶ Neuer the lesse it is lawfull for vs to take our preface (yf it be our pleasure) oute of some circumstaunce / as out of the place that our oracion is made in / or out of the tyme that we speke in / or els otherwyse / accordynge as we shall haue occasyon / As Tullie / in the oracyon that he made for the restitucyon of Marcus Marcel- lus / in the whiche he praiseth Cezare for the callyng home of the sayd Marc[us] mar- cellus out of exyle / he taketh his pream- ble out of the tyme and Cezares persone / begynnynge thus.

[C.vi.v]

THis daye my lordes Senatoures hath made an ende of the longe sci- lence that I haue kepte a great while / nat for any fere that I had / but part for great sorow that was in me / & partly for shame / this day as I sayd hath taken away that longe scilence / ye / and besyde that of newe brought to me lust & mynde to speke what I wolde / and what I thought moost expe[-] dient / like as I was afore wont to do. For I can nat in no maner of wyse refrayne / but I must nedes speke of the great meke- nes of Cezare / of the graciousnes that is in hym / so habu[n]dant and so great withall / that neuer afore any suche hath ben wont to be sene or herde of / and also of the excel- lent good moderacio[n] of all thynges which is in hym that hathe all in his owne mere power. Nor I can nat let passe his excelle[n]t incredible / and diuine wisdome vnspoken of / afore you at this tyme.

¶ Of the Narracion.

IN this kynde we vse but selden hole narracions / oneles we make our ora[-] cion afore them that know nat the history of the acte or dede whiche we be aboute to prayse. But in stede of a narracion we vse a [C.vii.r] proposicion / on this maner.

AMonge all the noble deedes Cezare that ye haue done / there is non that is more worthy to be praysed than this re[-] stitucion of Marke Marcell.

¶ Of Confirmacion / whiche is the fyrst parte of Contencion.

THe places of confirmacion are honesty / p[er]fite / lightnes / or har- dines of the dede. For after the proheme of the oracion and the narracion / than go we to the prouynge of our mater. Fyrst shewynge that it was a very honest dede. And next / that it was nat all only ho[-] nesty: but also profitable. Thirdely as con[-] cernyng the easines or difficulty / the praise therof must be considered / parte in the do- er / part in the dede. An easy dede deserueth no great praise / but an harde and a ieoper[-] douse thynge / the soner and the lightlier it is acheued / the more it is to be lauded.

¶ The honesty of the cause is fet from the nature of the thynge y^t is spoken of / which place lieth in the wytte of the oratour / and may also be fet out of the philosophers bo[-] kes. It is also copiosely declared of Rhe- toriciens / and very compe[n]diously handled [C.vii.v] of Erasmus in his boke / entituled of the maner and crafte to make epistels / in the chapitre of a persuadyng epistle. The pro- fyte of the dede / or the commoditie may be fet at the circumstaunce of it. Circumstau[n][-] ces are these / what was done / who dyd it / whan / where it was done / among whom / by whose helpe.

¶ As if one wolde praise Sceuolaes acte / of the whiche mencion was made afore / he may.

¶ Whan he cometh to the places of con- tencion / shew fyrst how honest a dede it is for any man to put his lyfe in ieopardy for the defence of his countrey / whiche is so moche the more to be commended that it cam of his owne minde / and nat by the in- stigacion of any other / and how profitable it was to the citie to remoue so strong and puissaunt an enemy by so good and crafty policy / what tyme the citie was nat well assured of all mennes myndes that were within the walles / considerynge that but a lytle afore many noble yonge men were detecte of treason in the same busines. And than also the citie was almoost destitute of vitailes / & all other commodities necessa- ry for the defence.

¶ Likewise easynes or difficultie are con- [C.viii.r] teyned in the circumstaunces of the cause. As in the example now spoken of / what an harde enterprise it is for one man to entre into a kynges armye / and to come to the kynges pauilion in the face of his souldi- ers to aduenture to slee hym.

¶ Of the seconde parte of con- tencion / called confutacion.

COnfutacio[n] is the soilyng of suche argumentes as maye be induced agaynst our purpose / which part is but lytle vsed in an oracion demonstra- tiue. Neuer the lesse / somtyme may chau[n]ce a thyng that must be either defended or els at the leest excused. As yf any man wolde speke of Camillus dede / wherby he recoue- red his contrey / and delyuered it from the handes of the Frenche men. ¶ Here must be declared that the bargayne made afore was nat by Camillus violate.

¶ The places of confutacion be contrary to the places of confirmacion.

¶ Of the conclusion.

THe co[n]clusion is made of a brief enumeracion of suche thynges that we haue spoken of afore in the oracion / & in mouynge of affections.

[C.viii.v]

¶ In delectable thinges or suche thinges that haue ben well done / we moue our au- dience to reioice thereat / and to do lyke.

¶ In sad thynges and heuy / to be sory for them. In yll and peruerse act[e]s / to beware that they folowe nat them to theyr great shame and confusion.

¶ Of an oracion demonstratiue / wherein are praised neither persones nor actes / but some other thynges / as religion / matrimony / or suche other.

THe best begynnyng wyll be if it be taken out of some high praise of the thynge. But a man may also begyn otherwyse / eyther at his owne perso[n] or at theyrs afore whom he speketh / or at the place in the whiche he speketh / or at the season present / or otherwise / as hath afore ben specified / and here must we take good hede that yf we take vpo[n] vs to praise any thynge that is no praise worthy / than must we vse insinuacion / & excuse the turpi[-] tude / either by examples or by argume[n]t[e]s / as Erasmus doth in his epistle prefixed a- fore his oracion made to the prayse of fo- lisshnes / of the whiche I haue let passe the tra[n]slacio[n] bicause y^e epistle is so[m]what long.

[D.i.r]

¶ The narracion.

IN this maner of oracio[n] is no nar[-] racion / but in stede therof the Rhe[-] toriciens all only propose the ma[-] ter. And this proposicion is in the stede of the narracion.

¶ A very elega[n]t example is in the oracion that Angele Policiane made to the laude of histories / whiche is this. Among all ma[-] ner of wryters by whom either the Greke tongue or the latine hath ben in floure and excellence / without doubte me semeth that they dyd moost profyte to mankynde / by whom the excellent dedes of nacions / prin- ces / or valiant men haue ben truely descri- ued and put in cronicles.

¶ Likewise yf a man praise peace / & shewe what a commodiouse thynge it is / he may make suche a proposicion.

AMonge all the thynges whiche per[-] teine to ma[n]nes commoditie / of what someuer condicion or nature so euer they be / non is so excellent and so worthy to be had in honour and loue / as is peace.

¶ The confirmacion.

THe places of confirmacion be in this oracion. The same y^t were in the other ( of whome mencion [D.i.v] was made afore / honesty / profite / easynes / or difficulty. Honesty is considered in the nature of the thynge / also in the persones that haue excercysed it / and the inuenters thereof. And in the auctour of it. As in the laude of matrimony be considered the auc[-] tour thereof / whiche was god hym selfe / the antiquite that it was made in the fyrst begynnynge of the worlde / and continued (as reason is) to this hour in great honour and reuere[n]ce. The persones that haue vsed it / were bothe patriarches / as Abraham. Prophetes / as Dauyd. Apostels / as saynt Peter. Martyrs / saynt Eustache. And co[n]- fessours / as saynt Edwarde. And (whiche thyng was fyrst proposed) the nature ther- of is suche / that without it: man shulde be like vnto beest / oneles all generacion shuld be put aparte. And the commau[n]dement of almighty god nat regarded / who bad man and woman shulde engender & multiply.

¶ Profite and easines is considered in the circumstaunces. Examples may be taken out of Policians oracio[n] / made to the laude of histories--And two oracions of Erasm[us] / one to the laude of phisike / and an other to the laude of matrimony.

¶ Of confutacion.

[D.ii.r]

Confutacion hath contrary places to con- firmacion.

¶ Of the conclusion.

THe periode or conclusion stan- deth in the briefe enumeracion of thinges spoken afore / and in mouyng the affections / as hath ben aboue expressed.

¶ Of an oracion deliberatiue.

AN oracio[n] deliberatiue is by the which we persuade or dissaude any thyng / & by the whiche we aske / or whereby we exhort any man to do a thynge / or els to forsake it / and this kyn- de of oracion is moche in vse / nat onely in ciuil ematers: but also in epistels.

¶ Of the preamble.

WE may begynne our oracion in this kynde / euyn lyke as we dyd in an ora[-] cion demonstratiue / but moost aptly at our office or duety / leest some men wolde thynke that we dyd it more of a priuate af- fection for our owne commoditie and plea[-] sure: than for any other mannes profyte.

[D.ii.v]

¶ And in this maner Salust in his boke of Catheline bringeth in Cezare / beginnyng an oracion. But let vs here now what Ce[-] zar sayeth.

ALl men my lord[e]s Senatours which syt concellynge vpon any doubtfull mater / must be voyde of hatred / frendshyp / anger / pitye / or mercye. For where any of these thynges bere a rule / mannes mynde can nat lightely perceyue the truthe. &c[etera].

¶ Or els we may begyn at the greatenes of the mater / or daunger of the thyng that we speke of / as in the fyfte boke of Liuius. Camillus maketh the preamble of his ora[-] cion thus.

MY maysters of this Citie of Ardea / which haue ben alwayes myne olde frendes / and now (by reason of myne exyle out of Rome) my new neighbours and ci- tizens. For I thank you of your goodnes you haue promysed that it shuld so be / and on the other side my fortune hath constray[-] ned me to seke som new dwellynge out of the citie where I was brought vp & enha- bited. I wolde nat that any of you shulde thynke that I am now come amonge you nat remembrynge my condicion and state / but the como[n] ieopardy that we be all now in / wyll compell euery man to open and [D.iii.r] shew the best remedy that he knoweth for our socoure in this greate fere & necessity.

¶ Nat withstandynge this / a man may take his begynnynge otherwyse / after any of the facions afore recited / if he lyst.

¶ Tully in the oracion / wherin he aduised the Romaynes to make Pompey theyr chiefe capitaine against Mithridates and Tigranes / kynges of Ponthus & Arme- ny / taketh in the preface beneuolence from his owne persone / shewynge by what oc- casion he myght laufully gyue councell to the Romaines / bycause was electe Pretor of the citie. we may also touche our aduer- saries in the preface / or els we may touche the maners / either of som seuerall persons / or of the commons in generall. As in the oracion that Porci[us] Chato made agaynst the sumptuousnes of the women of Rome / thus begynnynge.

IF euery man my lordes and maisters of this citie wolde obserue and kepe the ryght and maiestye of a man agaynst his owne wife / we shuld haue ferre lesse en- combrance now with the hole thronge tha[n] we haue. But now our fredome and lyber- tie is ouercome within our owne dores by the importunatnes of our wyues / & so au- dacitie taken therof here troden vnder the [D.iii.v] fete / and oppressed in the parliame[n]t house: And bycause we wold nat displease no ma[n] his owne wyfe at home: here are we now combred with all / gathered to gyder on a hepe / and brought in that takynge that we dare nat ones open our lyppes against them. &c[etera].

¶ 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.

[D.iiii.r]

IN oracio[n]s deliberatiues we vse very seldome narracions / but for the more parte in stede of them we make a brief pro[-] posicion co[n]teinyng the su[m]me 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 / wha[n] y^t som thyng hath ben don all redy of y^t that we giue our cou[n]cell vpo[n] / as in the abouesayd oracion y^t Tuli made for Po[m]pey / where he maketh this narracion.

GReat & very perillous warre is made bothe agaynst your tributours / and also the[m] that bothe co[n]federate 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 oracio[n] y^t Ha- niball made to Scipio / & is co[n]teined in the x. boke of y^e .iii. decade of Liui[us] / right pro- per & elegant / without any preface begyn- nyng his narracion thus. [hand symbol] ¶ If it hath ben ordeyned by my fortune and desteny that I whiche first of all y^e Carthaginors began warre with the Romayns / & which haue almoost had the victory so often in [D.iiii.v] myne ha[n]des / 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 tha[n] we of Carthagene. And whether it were my desteny or chau[n]ce y^t ought me this skorn- full shame. I which began the warre wha[n] 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 suffice[n]t 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- [D.v.r] 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 y^e sta[n][-] 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 narracio[n] 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 y^t we entende to persuade / which must be fet out of the places of honesty / pro[-] [D.v.v] 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 grau[n]t that it is harde / yet we shall shew that it is so honest a dede / so worthy praise / & besydes so great co[m]modity 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 & co[m]me[n]dable thyng[e]s be hard & of difficulty.

¶ In honesty are co[m]prehe[n]ded all vertues / as wysdo[m] / iustice / due loue to god / & to our parentes / liberality / pity / consta[n]ce / tempe- rance. And therfore he that wyll for the co[n][-] fyrmyng of his purpose declare & proue y^t it is honest & co[m]mendable y^t he ente[n]deth to persuade hym: behoueth to haue perfyte knowlege of y^e natures of vertues. And al[-] so to haue in redy remembrau[n]ce sentences bothe of scripture & of philosophy / as ora- tours & poetes / & besyde these / examples of historyes / for garnyssshyng of his maters.

¶ As co[n]cernynge the place of vtilitie / we must in all causes loke if we may haue any argume[n]tes wherby we may p[ro]ue that our cou[n]cell is of suche necessity / that it can nat [D.vi.r] be chosen but they must nedes folow it / for tho argume[n]tes be of farre greater stre[n]gth than they y^t do but onely proue the vtility of y^e mater. But if we ca[n] haue no suche ne- cessary reaso[n]s / tha[n] we must serche out ar- gume[n]tes to p[ro]ue our mynde to be p[ro]fitable by circu[m]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 i[m]possi[-] bilite / for these p[ro]ues are of strenger nature tha[n] the other / & he y^t wyll shew y^t a thyng may be done easely: must presuppose y^e pos[-] sibilite therof. As he on the other side that wyll p[er]suade a thyng nat to be done / yf he shew & manifest y^t it is impossible / argueth more stro[n]gely tha[n] 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 the[m] that acheue them the greater fame and prayse. And these argumentes be fet out of the cir[-] cu[m]stances of y^e cause / y^t 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 impedime[n]tes that may be ther- in. In this purpose examples of histories are of great efficacy.

[D.vi.v]

¶ The confutacion is the soilynge and re- fellyng of other me[n]nes sayeng[e]s that haue or might be brought against our purpose / wherefore it consisteth in places contrary to the places of confirmacio[n] / 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 [D.vii.r] Tulli / made for Milo / of y^e 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- [D.vii.v] 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 chau[n]ced 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 y^t he was fou[n]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 y^t we haue on ha[n]de / either in blamyng our aduersary / [D.viii.r] 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 narracio[n] or tale is the shewynge of the dede in maner of an historye / wherin y^e accuser must craftly enterme[n]gle 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 co[n]iectures to shew y^t Clo[-] dius laye in waite for Milo / he in his sayd narracion handeleth that place thus.

¶ In the meane season wha[n] Clodius had knowlege that Milo had a lawfull & neces[-] ry iourney to the city of Lauine y^e .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 y^e 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 [D.viii.v] 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 ente[n]t afore Miloes comyng.

¶ In this pece of Tullies narracion are entermengled fyrst that Clodius knew of Miloes goynge / whiche maketh the ma- ter suspecte y^t 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 assurau[n]ce. 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 tha[n] 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 [E.i.r] 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 [E.i.v] 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 [E.ii.r] as foloweth.

IS there than any thynge els y^t 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.

[E.ii.v]

¶ To proue that he had wyll therto: you must go to .ii. places. The one is y^e 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 grau[n]t 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 the[m] selfe greatly: I wyll nat repyne agai[n]st it that they bere the maistry therein. But as concernyng equitie and good conscie[n]ce / requisite / in berynge of recorde / or gyuyng of any wytnes / & also as touchynge faith- fulnes of worde and promyse: truely this [E.iii.r] nacion neuer obserued this property / nei- ther they knewe nat what is the strength / auctoritye / and weight therof.

¶ So to Englysshmen is attributed su[m]p- tuousnes in meates & drinkes. To French men / pryde / & delyte in new fantasyes. To Flemmynges and Almaynes / great dryn- kyng / & yet inue[n]tife 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- [E.iii.v] cuse / to se yf any argume[n]t ca[n] 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 stre[n]gth of body / or agi[-] lity / & quicknes of wyt / out of whiche may be broght many reaso[n]s 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 wo[n]t 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- [E.iiii.r] 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 oracio[n] agaynst Piso / sayeng.

¶ Seest thou nat now thou beest? doest y[o]u nat now p[er]ceyue what is mennes co[m]playnt on thy visage? there is no[n] that co[m]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 bro- wes / forhed / & hole cou[n]tenau[n]ce / which in a maner doth manifest me[n]nes co[n]dicio[n]s & na[-] ture it hath deceiued vs. ¶ This done / we must consyder how he hath be[n] brought vp y[at] we accuse / among whom he hath lyued / & whereby / how he gouerneth his houshold / & assay if we ca[n] 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 ma[n]nes lyuyng / & by his lyuyng: his will & mynde / as I wold declare more fully / saue [E.iiii.v] 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 chose[n] me[n]. 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 y^t 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 (who[m] 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 [E.v.r] 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 argume[n]tes 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.

¶ Raciocinacio[n] 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 [E.v.v] 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 we[n]t 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- [E.vi.r] 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 & inuercio[n].

¶ Absolucio[n] 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 y^e 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 agai[n]st 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.

[E.vi.v]

¶ Of the conclusion.

THe co[n]clusion 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 ope[n] 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.

[E.vii.r]

THe confirmacion hath certayn places appropred thereto / but here must be marked that state negociall is double / absolute / & assu[m]ptyue.

¶ State negociall absolute is whan the thynge that is in controuersy is absolute- ly defended to be laufully done. As in the oracio[n] 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 / iugeme[n]t / necessity / bargayne or couenant. ¶ Of the whiche places Tul[-] ly in his oracion for Milo bryngeth in the more parte to gyther in a 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 ca[n] nat iuge this dede euyll done / except you wyll iudge [E.vii.v] 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 & deprecacio[n].

¶ Purgacion is whan he sayeth he dyd it nat maliciously: but by ignora[n]ce or mishap whiche place Cato vseth ironiously in Sa[-] lust / thus. My minde is that ye haue pyty with you / for they that haue don amysse be but very yonge men / and desyre of honour draue them to it.

¶ Deprecacio[n] is wha[n] 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 forgyue[n] of his faut / must reherce (yf he can) som be- [E.viii.r] 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 fro[m] 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- co[m]pence & pleasure therfore agayne. After this let hym (yf he can) declare som kynred betwene the[m] & 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 [E.viii.v] 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.