Chapter III: Part 3

¶ 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.

[F.i.r]

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.

¶ Tra[n]slacion of the faut is / whan he that co[n]fesseth 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 co[n]strayned him thereto / bycause she slew his father. And this is the handelynge of confirmaci- [F.i.v] 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 / y^e significacio[n] wher- of requireth exposicion.

¶ Example.

A Lawe may be made that suche as forsake a shyppe in tyme of tempest shulde lese theyr ryght y^t 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 chau[n]ced .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 [F.ii.r] 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- withsta[n]dyng for that tyme he was vnable to do any good in helpyng the shyp against the impetuousnes of y^e 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 y^t was hurt (by helpe of chirurgiens) recoue[-] red anon. Now euery of these thre chale[n]ge the shyp & good[e]s as his owne. Here euery man layeth for hym the lawe aboue reher- [F.ii.v] 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 the[m] that our mynde is the very truthe.

[F.iii.r]

¶ Contrary lawes are where the tone se- meth euidently to contrarye the other. As yf a law were that he who[m] his father hath forsaken for his so[n]ne / shall in no wyse haue any porcion of his fathers goodes. And an other law / that who so euer in tyme of tem[-] pest abydeth in the shyp: shall haue y^e 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 fro[m] theyr fathers goodes suche as be abdicate & yet wolde chalenge a part as his children / but y^t 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 y^t abideth in her in time of necessity. And so the handelynge of this state / either to deny one of y^t lawes & shew [F.iii.v] 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 strau[n]gers wyll be declared / that he went vp to defend y^e towne to put back [F.iiii.r] 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 y^e law to be vnderstande[n] 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 / y^t no strau[n]ger shulde p[re]sume to go vpon the walles / & reherce y^e law word for worde / & tha[n] shew som reasonable cause that mouyd the maker of the law that he wolde vtterly that no straunger shulde as- cende the walles. &c. Exa[m]ple of the seco[n]d.

A Man in his testame[n]t gyueth to two yonge doughters that he hathe two hu[n]dred shepe / to be delyuered at the day of theyr maryage / on this maner. [hand symbol] 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- de[n]s wold / wherupo[n] the co[n]trouersy ariseth. [F.iiii.v] 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 wryte[n] 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 y^t it is nat doubtfully wryten / for there is no reasona[-] ble ma[n]: but he wyll take it as we say. Tha[n] shal we declare by that that goeth afore / & foloweth / that it is clerly euin as we say / & that yf we consider the wordes of the[m] 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 [F.v.r] to haue it taken as the aduersarye sayeth: he neded nat to haue wryte[n] 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 fou[n]de 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- [F.v.v] 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 chau[n]ced one to kyll his owne mother / wherupo[n] he was taken & co[n]de[m]pned to deth / but while he lay in pryson / certayn of his familiare frendes cam thyder to hym / & brought with them a clerke to wryte his testament / whiche he there made / & made suche executours as it pleased hym. After his deth his kynnesme[n] chalenge his good[e]s / his executours say the[m] nay / wherupo[n] ariseth co[n]trouersy afore the iustice. ¶ There is no law made vpon this case / whether he y^t hath killed his mother may make any testame[n]t or nat / but it may be reasoned on bothe p[ar]ties by the lawes a- boue reherced. The kynsmen shal allege y^e law made for the[m] y^t 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 y^t moued hym to it / & that he hathe had his punysshment therfore / whiche he shulde nat haue suffred of co[n]uenient if he had ben besyde him selfe.

[F.vi.r]

¶ 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 symbol] ¶ 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 y^e .iiii. that I sayd in the begynnyng to long to a Rhetoricien / & which is more difficulty tha[n] 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 co[n]fidence & trust / & after y^t yf I fynde that it seme to y^e reders a thing worthy to be loked on / & y^t your lordshyp & they think nat my labour take[n] in vayne: I wyll assay my selfe in y^e other partes / & so make & ac- co[m]plyssh y^e hole werk. But now I haue fo[-] lowed y^e 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 [F.vi.v] 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 i[n] his boke of y^e craft of Poetry sayth.

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

[hand symbol] 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 [F.vii.r] 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 y^t men be nat onely bounde to good authors: but also to bad / bicause y^t 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 who[m] 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.

* * * * *

[F.vii.v]

¶ Imprinted at London in Fletestrete by saynte Dunstones chyrche / at the sygne of the George / by me Ro- bert Redman / The yere of our lorde god a thousande / fyue hundred and two and thyrty.

¶ Cum priuilegio.

[F.viii.v]

* * * * *

[Transcriber's Note: The following is a list of printer errors in the original.]

Page Error Correct

A.iiii.v [Greek: outos] with [Greek: outos] with medial sigma final sigma A.iiii.v ( Eloquence / Eloquence A.viii.r conceruynge concernyng B.ii.v his his his B.iiii.r Tigraues Tigranes B.vi.r Plato Pluto B.vi.v prefaces of prefaces or B.viii.r & & & C.i.r landes laudes C.ii.r channced chaunced C.iii.r au aut C.iii.v Frannce Fraunce C.iii.v Nephien Nephieu C.iii.v vnder in vnder C.vii.r p[er]fite p[ro]fite D.i.r ( of / of D.ii.r ematers maters D.iiii.r narraciions narracions D.iiii.v landes laudes D.v.v Scisnola ta nala [Greek: dyskola ta kala] D.v.v garnyssshyng garnysshyng D.vi.v is is is D.vi.v bronght brought D.viii.r necesry necessary E.ii.r e tryed be tryed E.iii.r patria patriae E.iiii.r E.iii. E.iiii. E.vii.v tanslatynge translatynge F.i.r commannded commaunded F.i.r Agamennon Agamemnon

Note: The following are not typographical errors: "fet" (fetch or fetched); "nat" (not); "tho" (those); "slee" (slay); "lese" (lose); "meuyd" (moved).

End of Project Gutenberg's The Art or Crafte of Rhetoryke, by Leonard Cox