 Section 7 of the Art or Craft of Rhetoric. This is a Libra Vox recording. All Libra Vox recordings are in the public domain. For more information or to volunteer, please visit LibraVox.org. Recording by Amelia Chesley. The Art or Craft of Rhetoric by Leonard Cox. Of an oration demonstrative. The use of an oration demonstrative is in praise or dispraise, which kind or manner of oration was greatly used sometime in common actions, as stuff to clear the orations of Demosthenes and also many of Thucydides orations. And there been three manners of orations demonstrative. The first containeth the praise or dispraise of persons. As if a man would praise the king's highness or dispraise some ill person, it must be done by an oration demonstrative. The second kind of an oration demonstrative is, wherein is praised or dispraised not the person but the deed. As if a thief put himself in jeopardy for the safeguard of a true man, against other thieves and murderers, the person cannot be praised for his vicious living, but yet the deed is worthy to be commended. Or if one should speak of Peter's denying of Christ, he hath nothing to dispraise the person save only for this deed. The third kind is, wherein is lauded or blamed neither person nor deed, but some other thing as virtue, vice, justice, injury, charity, envy, patience, wrath, and such like. Parts of an oration. The parts of an oration prescribed of rhetoricians are these, the preamble or exhortant, the tale or narration, the proving of the matter or contention, and the conclusion. Of the which parts mentioned shall be made hereafter in every kind of orations, for they are not found generally in every oration, but some have more parts and some less. Of the preamble. Generally the preamble not a lonely in oration demonstrative, but also in the other two is contained and must be fetched out of three places. That is to say of benevolence, attention, and to make the matter easy to be known, which the rhetoricians call docility. Benevolence is the place whereby the hearer is made willing to hear us, and it is contained in the thing that we speak of, in them whom we speak to, and in our own person. The easiest and most used place of benevolence, consisted in the office or duty of the person, when we show that it is our duty to do that we be about. Out of this place is set the preamble of Saint Gregory Nazazine, made to the praise of Saint Basil, where he saith that it is his duty to praise Saint Basil for three causes. For the great love and friendship that hath been always between them, and again for the remembrance of the most fair and excellent virtues that were in him. And thirdly, that the church might have an example of a good and holy bishop. Truly by our author's license, me thinketh that in the preamble Nazazine doth not only take benevolence out of the places of his own person, but also out of the other two, when he showeth the cause of his duty for in praising his friend he did but his duty. In praising his virtues he came to the place of benevolence of him that he spake of, as touching the example that the church should have. It was for their profit, and concerning the place of benevolence, taken of them that he spake to. But our author regarded chiefly the principal proposition, which was that Saint Gregory Nazazine was bound to praise Saint Basil. A like example of benevolence taken out of the place of office or duty is in the oration that totally made for the poet Arceus, which begineth thus. My lords that be here judges, if there be in me any wit, which I know is but small, or if I have any crafty use of making an oration wherein I deny not, but that I have neatly exercised myself, or if any help to that science cometh out of other liberal arts, in whom I have occupied all my life, surely I am bound to know man more for them than to Arceus, which may lawfully, if I may do any man any profit by them, challenge a chief portion for him therein. Out of this place did the same toly fetch the beginning of his first epistle, in whom he writeeth to one lentul on this manner. I do so my duty in all points toward you, and so great is the love and reverence that I bear unto you, that all other men say that I can do no more, and yet me seemeth that I have never done that that I am bound to do, either to you or in your cause. We may also get benevolence by reason of them whom we make our oration of, as if we say that we can never praise him too highly, but that he is worthy much more laud and praise. And so taketh Saint Nazazine benevolence in his said oration for Saint Basil. Also of them a for whom we speak, as if we say it is for their profit to laud or praise the person, and that we know very well how much they have always loved him, and that he ought therefore to be praised the more for their sakes. The manner is also to get us benevolence in the preface of our oration by pinching and blaming of our adversary, as doth tully in the oration that he made for one aulah sassina, wherein he begineth his prom thus. If temerity and lack of shame could as much prevail in pleas for the justices, as doth audacity and temerious boldness in the fields and desert places, there were no remedy, but even so must aulah sassina be overcome in this matter by sextus abusius impudence, as he was in the field overcome by his insidious audacity. And these be the common forms of benevolence. A man may also fetch his proem out of the nature of the place where he speaketh as tully doth in the oration made for Pompeus for the sending of him into Asia against King Mithridates of Pontus and King Tigranis of Armenia on this manner. How be it my lords and masters of this noble city of Rome, I have all times thought it a singular rejoice to me if I might once see you gathered together in a company to hear some public oration of mine, and again I judge no place to be so ample and so honorable to speak in as this is, etc. Or he may begin at the nature of the time that it is then or at some other circumstance of his matter, as tully take at the beginning of his oration for cilius at the time, this wise. If so be it my lords, judges, any man be now present here that is ignorant of your laws, of your process in judgments and of your customs. Surely he may well marvel what so heinous a matter this should be, that it only should be fit upon in an high feast day when all the commonality after their old custom are given to the sight of plays, ordained after a perpetual usage for the nuns for them all matters of the law laid for the time utterly apart. He began also another oration for one sextus rossius out of the danger of the season that he spake in. One may beside these use other manner of provence, which because they are not set out of the very matter itself or else the circumstances as in these aforesaid, they are called peregrine or strange prohyms and they be taken out of sentences, solemn petitions, manners or customs, laws, statutes of nations and countries and on this manner doth Aristides begin his oration made to the praise of Rome. Demosthenes in his oration made against Estonies took his preface out of a solemn petition beseeching the goddess that he might have as good favor in that cause as he had found in all other matters that he had done afore for the common wealth. In like manner begineth Tilly the oration that he made for one merena and also the oration that he made unto the Romans after his return from exile. He begineth also another oration which he made as touching a law decreed for the division of fields among the commons out of a custom among them on this wise. The manner and custom of our old fathers of Rome hath been etc. And this is the manner of prefaces in any oration which is also observed in the making of epistles how be it there is far less craft in them than is in an oration. There is yet another form and manner to begin by insinuation wherefore it behooveeth to know that insinuation is when in the beginning if the matter seem not laudable or honest we find an excuse therefor. Example Homer in his Iliad describeth one Thercities that he was most foul and evil favored of all the Greeks that came to the battle of Troy for he was both goggle-eyed and lame on the one leg with crooked and pinched shoulders and a long piked head balled in very many places and beside these faults he was a great foolish babbler and right foul-mouthed and full of debate and strife carrying always against the heads and wise men of the army. Now if one would take upon him to make an oration to the praise of this lossel which matter is of little honesty in itself he must use instead of a preface an insinuation that what thing poets or common fame doth either praise or dispraise ought not to be given credence to but rather to be suspect for once it is in the nature of poets to feign and lie as both Homer and Virgil which are the princes and heads of all poets to witness themselves of whom Homer sayeth that poets make many lies and Virgil sayeth the most part of the scene is but deceit poets have seen bleak fowls under the earth poets have sinned and made many lies of the pale kingdom of Plato and of the water of Stygie and the dogs in Hal and again common rumors how often they bend vain it is so open that it need not to be declared wherefore his trust is that the hearers will more regard his saying which are for the more part the grounders of fame and rumors an example may be set out of the declamation that Erasmus made to the praise of foolishness another example had the same Erasmus in his second book of copia which is this Plato in the fifth dialogue of his commonality will if that no man shall have no wife of his own but that every woman shall be common to every man if any man then would either praise or defend this mind of Plato which is both contrary to Christ's religion and to the common living of men he might as Erasmus teaches begin thus I know very well that this matter which I have determined to speak of will seem unto you at the first hearing not only very strange but also right abominable but that not outstanding if it will please you a little while to defer your judgment till you have heard the sum of such reasons as I will bring forth in the cause I doubt nothing but that I shall make the truth so evident that you all will with one assent approve it a knowledge that you have been hitherto marvelously deceived in your opinion and some day to alleviate your mind you shall understand that I am not myself author of the thing but is the mind and saying of the excellent and most highly named philosopher Plato which was undoubted so famous a clerk so discreet a man and so virtuous in all his deeds they may be sure he would speak nothing but it were on right perfect ground and that the thing were of itself very expedient though per adventure it show for otherwise at the first hearing in all prefaces or preambles must be good he taken that they be not too far that nor too long these effectuous words I rejoice I am sorry I am marvel I am glad for your sake I desire I fear I pray God and such other like be very apt for a preface of the second place of a preface called attention the hearer shall be made attend or diligent to give audience if the order make promise that he will show them new things or else necessary or profitable or if he say that it is and hard matter that he have in handling or else obscure and not easy to be understood except they give right good attendance where for it is expedient that if they will have the perception of it that they give a good ear but as concerning the newness or profit of the matter it make it not all only the hearer to give a good ear which thing is called attention but also it make it him well willing to be present which is benevolence facility facility whereby we make the matter plain and easy to be perceived is not greatly required in this kind of oration for it is belonging properly to dark and obscure causes in which we must promise that we will not use great ambushes or to go as men say round about the bush but to be short and plain of narration which is the second part of an oration the narration or tale wherein persons are praised is the declaring of their life and doings after the fashion of an history the places out of which it is sought are the persons birth his childhood his adolescency his mans state his old age his death and what followeth after in his birth is considered of what stock he came what chance at the time of his nativity or nigh upon as in the nativity of Christ shepherds heard angels sing in his childhood are marked his bringing up and tokens of wisdom coming as Horace in his fourth satire show how in his childhood his father taught him by examples of such as were then living to flee from vice and to give himself to virtue in adolescence is considered where to he then give it himself as in the first comedy of Terence one semo telleth his servant Sophia that though all young men for the more part give themselves to some peculiar thing wherein they set their chief delight as some to have goodly horses some to cherish hounds for hunting and some are given only to their books his son Panfilis loved none of these more one than another and yet in all these he exercised himself measurably in mans state and old age is noted what office or rule he bear among his citizens or in his country what acts he did how he governed such as were under him how he prospered and what fortune he had in such things as he went about example here of is in saluste which compare together Cato and Caesar saying that both their stock age and eloquence were almost like and egal their excellency and greatness of spirit and wit was also like and egal and like fame and worship had they both attained how be it not by a like way Caesar was had in great estimation for his benefits and liberality Cato had gotten him a name for his perfect and upright living Caesar was praised for his gentleness and pity Cato was honored for his earnestness and surety the tether one much brute by giving large gifts by helping such as were in distress and by forgiving of trespasses done against him Cato's fame did spread because neither be forgiven of non-offence neither forgive none other but as any man had deserved so to cause him to be dealt with in the one was great refuge to such as were in misery in the other was sore punishment and to misdoers and evil transgressors of the law briefly to conclude it was all Caesar's mind and pleasure to labor diligently night and day in his friends causes to care less of business and theirs to deny nothing that was worthy to be asked his desire was ever more to be in war to have a great host of men under his governance that by his noble and hardy facts his valiantness might be the more known and spread abroad Contrarily all Cato's study was on temperance and to do in no manner otherwise than was convenient and fitting for such a man as he was and chiefly set his mind to severity he never made no comparison with the rich man in Richesse nor with the mighty man in power but if need required with the hardy man in boldness with the temperate in moderation with the good man in innocency and just dealing he cared not for the name it was sufficient to him to have the deed and so the less he cared for glory the more always he obtained many such comparisons very profitable for this intent are also in Plutarch in his book of Noble Men's Lives a goodly ensemble of this place is in the oration that Hermelaus Barbarus made to the Emperor Frederick and Maximilian his son which for because it is so long I let it pass a like example is in Tully's oration that he made to the people of Rome for Pompeius to be sent against Mithridites some there be that divined the wads of persons into three kinds of goods beginning the narration at them which thing our author does not greatly commend but rather in rehearsing of any persons deeds if there cannot be kept an order of history and many things must be spoken it were after his mind best to touch first his acts done by prudence and next by justice thirdly by fortitude of the mind and last by temperance and so to gather the narration out of this four cardinal virtues as if one should praise Saint Austen after that he had spoken of his parentiel and bringing up in youth and his come to the rehearsal of his acts they may be conveniently distributed into the places of virtues on this manner did Tully praise Pompeii I suppose Seeth he that it a him that should be a head captain over a great army not to be four things knowledge of war valiantness authority and felicity here is to be noted that in rehearsing any persons acts we may have our chief respect to some peculiar and principal virtue in him enlarging and exalting it by amplification in manner of a digression the author in this work make it no mention of the last place that is death and such things as follow after but in another greater work he declared it thus briefly the death of the person hath also his praises as of such which have been slain for the defense of their country or prince a very good example for the handling of this place is in an epistle that Angel writes in his fourth book of epistles to James antiquary of Lawrence Medici's how wisely and devoutly he disposed himself in his death bed and of his departing and what chance at that time and so to conclude an oration demonstrative wherein persons are lauded is in an historical exposition of all his life in order and there is no difference between this kind and an history save that in histories we be more safe and use less curiosity here all things be augmented and coloured with as much ornaments of eloquence as can be had confirmation of our purpose and computing or reproving of the contrary which are the parts of contention are not requisite in this kind of oration for here are not treated any doubtful matters to whom contention pertaineth nevertheless sometime it happeneth how be it it is seldom that a doubt may come which must be either defended or at the least excused example the French men in old time made mighty war against the Romans and so sore besieged them that they were by compulsion constrained to fall to composition with the French men for an huge sum of gold to be paid to them for the breaking of the siege they sent for one Camelus whom not very long before they had banished out of the city and in his absence made him dictator which was the chief's dignity among the Romans and of so great authority that for the space of three months for so long duered the office most conveniently he might do all thing at his pleasure whether it concerned death or no for no man so hardy wants to say nay against anything that he did so that for the space he was as a king having all in his own mere power now a chance that while this sum was in paying and not fully weighed Camelus of whom I said that being in exile he was made dictator came with an army and a non-baid cease of the payment and that each party should make ready to battle and so he vanquished the French men now if one should praise him of his noble fates it should seem that this was done contrary to the law of arms to defeat the French men of the ransom due to them since the compact was made a four where for it is necessary for the orator to defend this deed and to prove that he did nothing contrary to equity for the witch purpose he had two places one a parent which is a common saying usurped of the poet on various that is to say who will search whether the deed of enemy against enemy be either guile or pure valiantness but for that in war law is as well to be kept as in other things this saying is but of a feeble ground the other is of a more strong assurance which Titus Livius righteth in his fifth book from the building of Rome where he rehearsed this history now mentioned and that answer is this but the compact was made to pay the for said ransom after that Camillus was created dictator at what time it was not lawful that they which were of far less authority and had put themself holy in his hand should enter meddle them with any manner of treaties without his license and that he was not bound to stand to their bargain the which argument is deduct out of two circumstances where of one is the time of the making of the compact and the other the persons that made it which two circumstances may briefly be called when and who likewise if an oration should be made to the lord of Saint Peter it behooveth to excuse his denying of Christ that it was rather of divine power and will than otherwise for a comfortable example to sinners of grace if they repent this is the manner of handling of an oration demonstrative in which the person is praised the author in his greater work declare the fashion by this example if one would praise king Charles he should keep in his oration this order first in declaring his parent that he was king Pippin son which was the first of all kings of France named the most Christian king and by whom all after him had the same name and nephew to Martel the most valiantest prince that ever was next his bringing up under one Peter Pessane of whom he was instruct both in Greek and Latin then his adolescence which he passed in exercise of arms under his father in the wars of Aquitaine where he learned also the serizine tongue being come to man state and now king of France he subdued Aquitaine Italy and the Saxons and these wars were so fortunate that he overcame his adversaries more by authority and wisdom than by a fusion of blood also many other notable examples of virtue were in him in that age especially that he edified the university of Paris here may by digression be declared how goodly a thing learning is in princes chiefly such condition appertaineth to virtue and a good living here may be also made comparison of his virtues in war and of other agreeing with peace in the which as his history Maketh mentioned he was more excellent for his chief delight was to have peace and again he was so gentle and so merciful that he would rather save even such as had done him great offense and had deserved very well for to die and to destroy them though he might do it conveniently beside this he was so greatly inflamed in the love of God and his holy church that one alquine a noble clerk of England was continually with him in whose preaching and other ghostly communication he had chief pleasure his old age he passed in quietness fortunately say for one thing that his son's agreed evil between them after his decease reigned his son Holy St. Louis and so the followings of his death were such that they could be no better and a very great token of his good and virtuous living for if an ill tree can bring forth no good fruit what shall we suppose of this noble King Charles of whom came so virtuous and so holy his son truly me thinks that hither may be not conveniently applied the sayings of the gospel by their fruits you shall know them of an oration demonstrative wherein an act is praised when we will praise any manner of teed the most apt preamble for that purpose shall be to say that the manner pertaineth to the commodities of them which hear us example when the Romans had expelled their king whom the historians called Tarqueen the proud out of the city and fully enacted that they would never have king to reign more over them this Tarqueenus went for aid and sucker to the king of Tuske which when he could by no means entreat the Romans to receive again their king he came with all his pure sense against the city and their long space besieged the Romans by reason whereof great penury of wheat was in the city and the king of Tuske had great trust that continuing the siege he should within a little longer space compel the Romans through famine to yield themself in the mean season a young man of the city named Caius Mucius came to the senators and showed them that he was purposed if they would give him license to go forth of the city to do an act that should be for their great prophet whereupon when he had obtained license privily with weapon hid under his vesture he came to the Tuskeens camp and got him among the thickest nigh to the tent where as the king sat with his chancellor paying the soldiers their wages and by cause that they were almost of like apparel and also the chancellor spake many things as a man being in authority he could not tell whether of them was the king nor he durst not ask lest his demand would have berayed him for as for language they had won and nothing was different for both Tuskeens and Romans were all of Italy as in times past England hath had many kings so the language and people were one and thus being in doubt whether of them he might step unto by chance he strike the chancellor instead of the king and slew him wherefore when he was taken and brought before the king for to punish his hand that had failed in taking one for another and again to show the king how little he cared for his menaces he thrust his hand into the fire which at that time was there prepared for sacrifice and there in the flame let it burn not once moving it the king greatly marveling at his audacity and hardy nature commended him greatly thereof and bade him go his way free for the witch as though he would make the king a great amends he feigned that 300 of the noblest young men of Rome had conspired together in like manner every one after another unawares to slay him and all to put their bodies and lives in hazard till time should chance that one might achieve their intent for fear whereof the king forthwith fell at an appointment with the Romans and departed the young man afterward was named Skyvilla which is as much to say in English as left handed for as I have rehearsed a four he burnt his right hand so that he had lost the use thereof if any order would in an oration commend this deed he might conveniently make the preface on this fashion there is no doubt my lords and masters of Rome but that the remembrance of Skyvilla's name is very pleasant unto your audience which with one act that he did endowed your city with many and great commodities etc this manner of preface is most convenient and best annex to such manner of orations demonstratives nevertheless it is lawful for us to take our preface if it be our pleasure out of some circumstance as out of the place that our oration made in or out of the time that we speak in or else otherwise according as we shall have occasion as Tully in the oration that he made for the restitution of Marcus Marcellus in the which he praised Caesar for the calling home of the said Marcus Marcellus out of exile he taketh his preamble out of the time and Caesar's person beginning thus this day my lords and ministers hath made an end of the long silence that I have kept a great while not for any fear that I had but part for great sorrow that was in me and partly for shame this day as I said has taken away that long silence yea and beside that of new brought to me lust and mind to speak what I would and what I thought most expedient like as I was a for want to do for I cannot in no manner of wise refrain but I must need speak of the great meekness of Caesar of the graciousness that is in him so abundant and so great with all that never a for any such hath been want to be seen or heard of and also of the excellent good moderation of all things which is in him that hath all in his own mere power nor I cannot let pass this excellent incredible and divine wisdom unspoken of a for you at this time of the narration in this kind we use but seldom whole narrations unless we make our oration afford them that know not the history of the act or deed which we be about to praise but instead of a narration we use a proposition on this manner among all the noble deeds Caesar that you have done there is none that is more worthy to be praised than this restitution of Mark Marcel of confirmation which is the first part of contention the places of confirmation are honesty, prophet, lightness or hardness of the deed for after the pro hem of the oration and the narration then go we to the proving of our matter first showing that it was a very honest deed and next that it was not all only honesty but also profitable thirdly as concerning the easiness or difficulty the praise thereof must be considered part in the doer and part in the deed an easy deed deserveeth no great praise but and hard and an jeopardous thing the sooner and the lightlier it is achieved the more it is to be lauded the honesty of the cause is fed from the nature of the thing that is spoken out which place lieth in the wit of the orator and may also be fed out of the philosophers books it is also copiously declared of rhetoricians and very compendiously handled of Erasmus in his book entitled of the manner and craft to make epistles in the chapter of a persuading epistle the prophet of the deed or the commodity may be set at the circumstance of it circumstances are these what was done who did it when, where it was done among whom and by whose help as if one would praise skyveless act of the which mention was made afore he may when he cometh to the places of contention show first how honest a deed it is for any man to put his life in jeopardy for the defense of his country which is so much the more to be commended by the name of his own mind and not by the instigation of any other and how profitable it was to the city to remove so strong and so peasant an enemy by so good and crafty policy what time the city was not well assured of all men's minds that were within the walls considering that but a little of four many noble young men were detect of treason in the same business and then also the city was almost an institute of vitals and all other commodities necessary for the defense likewise easiness or difficulty are contained in the circumstances of the cause as in the example now spoken of what an hard enterprise it is for one man to enter into a king's army and to come to the king's pavilion in the face of his soldiers to adventure to slay him of the second part of contention called computation is the foiling of such arguments as may be induced against our purpose which part is but little used in an oration demonstrative nevertheless sometime may chance a thing that must be either defended or else at the least excused as if any man would speak of Camilla's deed whereby he recovered his country and delivered it from the hands here must be declared that the bargain made a four was not by Camilla's violet of the conclusion the conclusion is made of a brief enumeration of such things that we have spoken of a four in the oration and in moving of affections indelectable things or such things that have been well done we move our audience to rejoice there at and to do like in sad things and heavy to be sorry for them in ill and perverse acts to beware that they follow not them to their great shame and confusion of an oration demonstrative wherein are praised neither persons nor acts but some other thing as religion matrimony or such other the best beginning will be if it be taken out of some high praise of the thing but a man may also begin otherwise either at his own person or at theirs for whom he speaketh or at the place in the which he speaketh or at the season present or otherwise as hath a four been specified and here must we take good heed that if we take upon us to praise anything that is not praise worthy then must we use insinuation and excuse the turpitude either by examples or by arguments as Erasmith doth in his epistle prefixed for his oration made to the praise of foolishness of which I have let pass the translation because the epistle is somewhat long the narration in this manner of oration is no narration but instead thereof the rhetoricians all only propose the matter and this proposition is in the stead of the narration a very elegant example is in the oration that Angel Palatine made to the lot of histories which is this among all manner of writers by whom either the Greek tongue or the Latin hath been in flower and excellence without doubt me seemeth that they did most profit to mankind by whom the excellent deeds of nations princes or valiant men have been truly described and put in chronicles likewise if a man prays peace and show what a commodious thing it is he may make such a proposition among all the things which pertain to man's commodity of whatsoever condition or nature so ever they be none is so excellent and so worthy to be had in honour and love as is peace the confirmation the places of confirmation be in this oration the same that were in the other of whom mention was made before honesty, profit, easiness or difficulty honesty is considered in the nature of the thing also in the persons that have exercised it and the inventors thereof and in the author of it as in the lot of matrimony be considered the author thereof which was God himself the antiquity that was made in this first beginning of the world and continued as reason is to this hour in great honour and reverence the persons that have used it were both patriarchs as Abraham prophets as David apostles as Saint Peter martyrs Saint Eustice and confessors as Saint Edward and which thing was first proposed the nature thereof is such that without it we are not unto beast unless all generations should be put apart and the commandment of almighty God not regarded who bade man and woman should engender and multiply profit and easiness is considered in the circumstances examples may be taken out of polycyans orations made to the lot of histories and two orations of Erasmus one to the lot of physics matrimony of Confutation Confutation hath contrary places to confirmation of the conclusion the period or conclusion standeth in the brief enumeration of things spoken of for and in moving the affections as hath been above expressed end of section 7 section 8 of the art or craft of rhetoric this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org recording by Amelia Chesley the art or craft of rhetoric by Leonard Cox of an oration deliberative an oration deliberative is by the which we persuade or dissuade anything and by the which we ask for it any man to do a thing or else to forsake it and this kind of oration is much in use not only in civil matters but also in epistles of the preamble we may begin our oration in this kind even like as we did in an oration demonstrative but most aptly at our office or duty lest some men would think that we did it more of a private affection for our own commodity and pleasure than for any other man's profit and in this manner so loosed in his book of Kathleen bringeth in Caesar beginning an oration but let us hear now what Caesar sayeth all men, my lord senators which sit counseling upon any doubtful manner must be void of hatred friendship, anger, pity or mercy for where any of these things bear man's mind cannot lightly perceive the truth etc or else we may begin at the greatness of the matter or danger of the thing that we speak of as in the first book of Livius Camillus makes the preamble of his oration thus my masters of this city of Ardea which have been always mine old friends and now by reason of mine exile out of Rome my new neighbors and citizens for I thank you of your goodness you have promised that it should so be and on the other side my fortune hath constrained me to seek some new dwelling out of the city where I was brought up and inhabited I would not that any of you should think that I am now come among you not remembering my condition and state but the common jeopardy that would be all now in will compel every man to open and show the best remedy that he knoweth of succor in this great fear and necessity notwithstanding this a man may take his beginning otherwise after any of the fashions afore recited if he list Tully in the oration wherein he advised the Romans to make Pompey their chief captain against Mithridides and Tigranes kings of Pontus and Armini taketh in the preface benevolence from his own person showing by what occasion might lawfully give counsel to the Romans because he was elect pretor of the city we may also touch our adversaries in the preface or else we may touch the manners either of some several persons or of the commons in general as in the oration that Porcheus Cato made against the sumptuousness of the women of Rome thus if every man my lords and masters of this city would observe and keep the right honesty of a man against his own wife we should have far less encumbrance now with the whole throng than we have but now our freedom and liberty is overcome within our own doors by the importanateness of our wives and so audacity taken thereof here trodden under the feet and oppressed in the parliament house and because we would not displease no man his own wife at home here are we now cumbered with all gathered together on a heap and brought in that taking that we dare not once open our lips against them etc we may also begin at the nature of the time that we speak in or at the nature of the place or at any other circumstance or thing incident as livius in the ninth book of his fourth decade against the feasts that the romans kept in the honour of the idolis god Bacchus beginneth his oration at praying on this wise the solemn making of prayers unto the gods was never so apt nor yet so necessary in any oration as it is in this which shall show and admonish you that they be very and right gods whom our elders have ordained to be worshipped, adored and prayed unto briefly in all prefaces belonging to orations deliberatives the office of the person and the necessity or commodity of the matter that we treat of are considered the narration in orations deliberatives we use very seldom narration but for the more part instead of them we make a brief proposition containing the sum of our intent as nowadays nothing is so necessary as to labour to bring these dissensions that be in the church to a perfect unity and concord that according to christ's sayings there be but one shepherd and one fold nevertheless we use sometime brief narrations when that something has been done already of that that we give our counsel upon as in the above said oration that Tully made for Pompey where he maketh this narration great and very perilous war is made both against your tributaries and also them that both confederate with you and by you called your fellows which war is moved by two right mighty kings mythridities and tigranies etc after this manner is a narration in the oration that Hannibal made to Scipio and is contained in the tenth book of the third decade of livius right proper and elegant without any preface beginning his narration thus if it hath been ordained by my fortune and destiny that I which first of all the carthagin eyes began war with the romans and which have almost the victory so often in mine hands should now come of my own mind to ask peace I am glad that fortune hath prepared that I should ask it of you specially and among all your noble lands this shall not be one of the least that Hannibal gave over to you to whom the gods had given a for that victory over so many captains of the romans and that it was your luck to make an end of this war in the which the romans have had far more evil chances than we of carthagin and whether it were my destiny or chance that ought me to this scornful shame I which began the war when your father was consul and after joined battle with him when he was made captain of the romans army must now come unarmed to his son to ask peace of him it had been best for both parties if it had pleased the gods to have sent our forefathers that mind that you of Rome would have been content with the empire of Italy and we carthaginois with Africa for neither Sicil nor Sardinia can be any sufficient amends to either of us for so many navies so many armies so many and so excellent captains lost in our wars between us but things past may sooner be blamed than mended we of carthagin as touching our part have so coveted other dominions that at length we had business enough to defend our possessions nor the war has not been only with you in Italy or with us only in Africa but at the pleasure of fortune sometimes here and some there in so much that you my masters of Rome have seen the standards and armies of your enemies hard at your walls and gates of the city and we on the other side have heard the noise out of your camps into our city after the narration ought to follow immediately the proposition of our council or advice as after the narration of Hannibal of four rehearsed follow with the proposition of his purpose thus that thing is now untreated while fortune is favorable unto you that we ought most to a poor and you surely ought above all things to desire that is to have peace and it is most for the profit of us to which matter in handling that peace be had and sure we be that whatsoever we agree upon our cities will ratify the same next follow with the confirmation of those things that we intend to persuade which must be fit out of the places of honesty profit easiness of difficulty as if we will persuade anything to be done we shall show that it is not only honest and laudable but also profitable and easy enough to perform or if we cannot choose but grant that it is hard yet we shall show that it is so honest as deed so worthy praise and besides so great commodity will come thereof that the hardness ought in no wise to fear us but rather be as an instigation to take the thing on hand remembering the Greek proverb since no la tanala that is to say all excellent and commendable things be hard and of difficulty in honesty are comprehended all virtues as wisdom, justice do love to God and to our parents liberality pity, constants temperance and therefore he that will for the confirming of his purpose declare and prove that it is honest and commendable that he intended to persuade him but who was to have perfect knowledge of the nature of virtues and also to have in ready remembrance sentences both of scripture and of philosophy as orders and poets and beside these examples of histories for garnishing of his matters as concerning the place of utility we must in all causes look if we may have any arguments whereby we may prove that our counsel is of such necessity that it cannot be chosen but they must needs follow it for those arguments be a far greater strength than they that do but only prove the utility of the matter but if we can have no such necessary reasons then we must search out arguments to prove our mind to be profitable by circumstances of the cause in like manner to persuade a thing by the easiness thereof or dissuade it by the difficulty of the thing we must have respect to possibility or impossibility for these proves are of stronger nature than the other and he that will show that a thing may be done easily must presuppose the possibility thereof as he on the other side that will persuade a thing not to be done if he show and manifest that it is impossible argue it more strongly than if he could but only prove difficulty in it or as I said before many things of difficulty yet may be the rather to be taken in hand that they may get them that achieve them the greater fame and praise and these arguments be fed out of the circumstances of the cause that is to say the time the place the doers the thing itself the means whereby it should be done the causes wherefore it should be done or not the helps or impediments that may be therein in this purpose examples of histories are of great efficacy the confutation is the foiling and re-felling of other men sayings that have or might be brought against our purpose wherefore it consisteth in places contrary to the places of confirmation as in proving the saying of the contrary part neither to be honest nor profitable nor easy to perform or else utterly impossible the conclusion standeth in two things that is to say a brief and compendious repeating of all our reasons that we have brought for us for and in moving of affections and so doth Ulysses conclude his oration on the 13th book of Ovid Metamorphosy end of section 8 section 9 of the art or craft of rhetoric this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org recording by Amelia Chesley the art or craft of rhetoric by Leonard Cox of the third kind of orations called judicial orations judicial be that long to controversies in the law and please which kind of oration in old time longed only to judges and men of law but now for the more part is neglect of them though there be nothing more necessary to quicken them in crafty and wise handling of their matters in these orations the first is to find out the state of the cause which is a short proposition containing the whole effect of all the controversies as in the oration of Tully made for Milo of the which I made mention in the beginning of my book the state of the cause is this Milo slew Claudius lawfully which thing his adversaries denied and if Tully can prove it the plea is won here must be borne away that there be three manner of states in such orations the first is called conjectural the second the third judicial and every of these hath his own proper places to fat out arguments of them wherefore they shall be spoken of and first we will treat of state conjectural which is used when we be certain that the deed is done but we be ignorant who did it and yet by certain conjectures we have one suspect it should be he that hath committed the crime and therefore this state is called conjectural because we have no manifest proof but all only great likelihoods or as the rhetoricians call them conjectures example there was a great contention in the greeks army afford Troy between Ulysses and Ajax after the death of Achilles which of them should have his armor as next to the said Achilles in valiantness in which controversy when the greeks had judged the said armor unto Ulysses Ajax for very great disdain fell out of his mind and shortly after in a wood knife to the host after he had known when he came again to himself what foolish pranks he had played in the time of his frenzy for sorrow and shame he slew himself soon upon this deed came Ulysses Ajax thrust through with the sword came to him and as he was about to put out the sword the friends of Ajax chance to come the same way which seeing their friend dead and his old enemy pulling out a sword of his body they accused him of murder in very deed here was no proof for of true Ulysses was not guilty in the cause nevertheless the envy that was between Ajax and him made the matter to be not a little suspect especially for that he was found there with the said Ajax alone where for the state of the plea was conjectural whether Ulysses slew Ajax or not the preface the preface is here even as it is in other orations for we begin according to the nature of the cause that we have on hand either in blaming our adversary or else moving the hearers to have pity on our client even at our own person or at the praise of the judge etc the narration the narration or tale is the showing of the deed in manner of an history wherein the accuser must craftily intermingle many suspicions which shall seem to make his matter provable as Tully in his oration for Milo where in his narration he intended by certain conjectures to show that Claudius lay in wait for Milo to be in his said narration handle it that place thus in the mean season when Claudius had knowledge that Milo had a lawful and necessary journey to the city of Lavine the thirteenth day before the calendars of March to point who should be head priest there which thing long to Milo because he was dictator of that town Claudius suddenly the day of four departed out of Rome to set upon Milo in a lordship that was once after was well perceived in such haste he made to be going that whereas the people were gathered the same day for matters wherein also he had great adieu himself and very necessary it had been for him to have been there yet this notwithstanding all other things apart he went his way which you may be sure he would never have done save only that he had fully determined to prevent a time and place convenient for his malicious intent for Milo's coming in this piece of Tillie's narration are intermingled first that Claudius knew of Milo's going which make it the matter suspect that Claudius went for to meet with him for this was well known a for that Claudius bear Milo great grudge and malice next is showed the place where as Claudius met Milo which also giveth a great suspicion for it was nigh Claudius's place where he might soon take sucker and the tether was in least assurance certainly that he departed out of the city what time it had been most expedient and also greatly requisite for him to have been at home and that again make it the matter suspect for surely he would not as Tillie himself sayeth in no wise have been absent at such a busy time unless it had been for some great purpose and what other should it seem than to slay Milo as surely evident it was that they buckled together and this was well known that Milo had a necessary cause to go forth of Rome at that time contrary in Claudius could be perceived none other occasion to depart than out of the city but of likelihood to lie in wait for Milo the proposition out of the narration must be gathered a brief sentence wherein shall stand the whole pith of the cause for rhetoricians put incontinent after the narration division which is a part of contention and doth briefly show wherein the controversy doth stand or what things shall be spoken of in the oration this division is divided into sejunction and distribution sejunction is when we show wherein our adversaries and we agree and what it is whereupon we strive as they that pleaded Claudius's cause against Milo might on this manner have used sejunction that Milo slew Claudius our adversaries cannot deny but whether he might so do lawfully or not is our controversy distribution is the proposition wherein we declare of what things we will speak if we propose how many they be it is called enumeration but if we do not express the number it is called exposition example of both is had in the oration that Tully made to the people that Pompeus might be made chief captain of the wars against Mithridites and Tigranes where after the preface and narration he make of his proposition by exposition thus first I think it expedient to speak of the nature kind of this war and after that of the greatness thereof and then to show how an head or chief captain of any army should be chosen which last member of his exposition he again distributed into four parts thus as followeth truly this is my opinion that he which shall be a governor of an host ought to have these four properties in him the first is that he have perfect knowledge of all such things as long as to war the second is that he be a man of his hands the third that he be a man of such authority that his dignity may cause his soldiers to have him in reverence and awe the fourth is that he be fortunate and lucky in all things that he goeth about Tully in the oration for Milo proposeth all only showing wherein the controversy of the plea did stand on this manner as followeth is there anything else that must be tried and judged in this cause save this whether of them both began the fray and intended to murder the tether no surely so that if it can be found in that Milo went about to destroy Claudius then he be punished therefor accordingly but if it can be proved that Claudius was the beginner and laid wait for to slay Milo and so was the searcher of his own death and that what Milo did it was but to defend himself from the treason of his enemy and the safeguard of his life that then he may be delivered and quit of confirmation the confirmation of the accuser is fetched out of these places will and power for these two things will cause the person that is accused to be greatly suspect that he had will to do the thing that he is accused of and that he might well enough bring it to pass to prove that he had will there to you must go to two places the one is the quality of the person and the other is the cause that moved him to the deed the quality of the person is thus handled for to look what is his name or surname and if it be naughty to say that he had it not for nothing but that nature had such prim power men to make them give names according to the manners of every person then next to behold his country so totally in his oration made for Lucius Flaches to improve the witness that was brought against him by Greeks layeth unto them the lightness of their country this says to me do I say of the whole nation of Greeks I grant to them that they have good learning and the knowledge of many sciences nor I deny not but that they have a pleasant and marvelous sweet speech they are also people of high and excellent quick wit and there to they be very facundious these and such other qualities wherein they boost themselves greatly I will not repine against it that they bear the mastery therein but as concerning equity and good conscience requisite in bearing a record or giving of any witness and also a witness of word and promise truly this nation never observed this property neither they knew not what is the strength authority and weight thereof so to Englishmen is attributed sumptuousness in meats and drinks to the Frenchmen pride and delight in new fantasies to flammings and almonds great drinking and yet inventive wits to Britons, Gascons and Barcini to Spaniards agility to Italians high wit and much subtlety to Scots boldness to Irishmen hastiness to Bohem's valiantness and tenacity of opinions etc after that to look on his kindred as if his father or mother or other kin were of ill disposition for as the tree is such fruit it beareth on this wise death Phyllis and Twit Demophon that his father Theseus uncuriously and traitorsly left his love Eriadna alone in the desert isle of Nexus and contrary to his promise stale from her by night adding that is to say untrue and false force-worn man thou playest kindly thy father's hair indecedible beguiling of thy true lover after that we must look upon the sex whether it be a man or a woman that we accuse to see if any argument can be deduct out of it to our purpose as in men is noted audacity women be commonly timorous then next the age of the person as in Terence Seymour speaketh of his son Pamphilus sayeth unto his man called Socia thou know his conditions or nature affore while his age and fear and his master did let it to be known Hipermistra in Ovid's epistles joineth these two places of sex and age together thus I am a woman and a young maiden mild and gentle both by nature and years my soft hands are not apt to fierce battles after these follow strength of body or agility and quickness of wit out of which may be brought many reasons to affirm our purpose so totally in his oration for Milo willing to prove that Claudius was the beginner of the fray showeth that Milo which was never want but to have men about him by chance at that time had in his company certain musicians and maidens that waited on his wife whom he had sitting with him in his wagon but fairly Claudius that was never want affore but to ride in a wagon and to have his wife with him at that time rode forth on horseback and where as affore he was always accustomed to have naives and queens in his company he had then none but tall men with him and as who should say men piked out for the nuns to this is added form as to say if we can have any argument to our purpose out of the person's face or countenance and so doth fully argue in his oration against Piso saying on this wise seeest thou not now thou beast dost thou not now perceive what is men's complaint on thy visage there is none that complaineth that I what not what Syrian and of their flock which be but newly crept up to honour out of the dung hill is now made consul of the city for this servile colour hath not deceived us nor hairy cheek balls nor rotten and filthy teeth thine eyes I browse forehead and whole countenance which in a manner doth manifest men's conditions and nature it hath deceived us this done we must consider how he hath been brought up that we accuse among whom he hath lived and whereby how he governeth his household and say if we can take out of these ought for our purpose also of what state he is of free or bond rich or poor bearing office or not a man of good name or otherwise wherein he delighteth most which places do express man's living and by his living his will and mind as I would declare more fully save that in introductions men must labour to be short and again they are such that he that hath any perceiving may soon know what shall make for his purpose and how to set it forth and therefore this shall suffice as touching the quality of the person if we bear away this for a general rule that what maketh for the accuser ever more the contrary is surestate for the defender if he can prove it or make it of the more likelihood as Tully in defending Milo layeth to Claudius' friends charges that he had none about him but chosen men and for to clear Milo he sureth the contrary that he had with him singing lads and women servants that waited on his wife which maketh it of more likelihood that Claudius went about to slay Milo than Milo him the cause that moveeth to the mischief lieeth in two things in natural impulsion and ratio-shination natural impulsion is anger, hatred covetous, love or such other affections so Simo in Therence when he had said that Davis whom he had pointed to wait upon his son Pamphilus would do all that might lie in him both with hand and foot rather than to displease him than to please Pamphilus mind and Socia demanded why he would do so Simo made answer by ratio-shination saying does thou ask that marry his ungracious and unhappy mind is the cause thereof Onon in Ovid's epistles joineth together quality and natural impulsion saying which is in English think you that she that was carried away of a young man and hot in love was restored again a maid Tully in the oration for Milo among the other arguments bringeth in one against Claudius by natural impulsion of hatred showing that Claudius had cause to hate Milo first for he was one of them that labored for the same Tully's revocation from exile which Tully Claudius maliciously hated again that Milo oppressed many of his furious purposes and finally because the said Milo accused him and cast him before the senate and people of Rome ratio-sination is that cometh of hope of any commodity or to issue any disc commodity as Tully argued in his oration for Milo against Claudius by ratio-sination to prove that it was he that laid weight for Milo on this manner it is sufficient to prove that this cruel and wicked beast had a great cause to slay Milo if he would bring his matters that he went about to pass and great hope if he were once gone not to be letted in his pre-tensed malice after ratio-sination followeth comprobation to show that no man else had any cause to go there about save he whom we accuse nor no prophet could come to no man thereof save to him these are the ways whereby an orator shall prove that the person accused had will to the thing that is laid to his charge to prove that he might do it he must go to the circumstance of the cause as that he had leisure enough there to and place convenient and strength with all also you shall prove it by signs which are of marvelous efficacy on this behalf wherefore here must be noted that signs by other words or deeds that either did go before or else follow the deed as telly in his oration now often alleged argueeth against Claudius by signs going before the deed as that Claudius said three days before Milo was slain that he should not live three days to an end and that he went out of the city a little before Milo rode forth with a great company of strong and mischievous news signs following are as if after the deed was done he fled or else when it was laid to his charge he blushed or waxed pale or stuttered and could not well speak the contrary places as I said before belong to the defender save that in signs he must use two things absolution and invention absolution is whereby the defender showeth that it is lawful for him to do that what the adversary bringeth in for a sign of his malice example a man is found covering of a dead body and there upon accused of murder he may answer that it is lawful to do so for the preservation of his body from ravens and other that would devour him till time he had warned people to fetch and bury him invention is whereby we show that the sign which is brought against us make it for us as I would not have tarried to cover him and done the deed myself but have fled and shrunk aside into some other way for fear of taking of the conclusion the conclusion is as I have said before in brief repeating of the effect of our reasons and in moving the judges to our purpose the accuser to punish the person accused the defender to move him to pity of the state juridical and the handling thereof as state conjectural cometh out of this question who did the deed so when there is no doubt but that the deed is done and who did it many times controversy is had whether it hath been done lawfully or not and this state is negotiable or juridical which contain at the right or wrong of the deed as in the oration of Tully for Milo the state is juridical for open it was that Claudius was slain and that Milo slew him but whether he killed him lawfully or not is the controversy and state of the cause as I have before declared the preamble and narration as a for the conformation hath certain places appropriate there too but here must be marked that state negotiable is double absolute and assumptive state negotiable absolute is when the thing that is in controversy is absolutely defended to be lawfully done as in the oration of Tully for Milo the deed is stifly affirmed to be lawfully done in slaying Claudius saying that Milo did it in his own defense for the law permitted to repel violence violently the places of conformation in state absolute are these nature law custom equity or reason judgment necessity bargain or covenant of the which places Tully in his oration for Milo bringeth in the more part together in a cluster on this manner if reason hath prescribed this to learn it and wise men and necessity hath driven it into barbers and rude folk and custom keepeth it among all nations and nature hath planted it in brute beasts that every creature should defend himself and save his life and his body from all violence by any manner of sucker what means or ways however it were you cannot judge this deed evil done except you will judge that when men meet with thieves or murderers they must either be slain by the weapons of such unthrifty and malicious persons either else perish by your sentence given in judgment upon them state assumptive and the defense is feeble of itself but yet it may be hoping by some other thing added to it and the places longing to this state are granting of the fault removing of the fault or as we say in our tongue laying it from us to another and translating of the fault granting of the fault is when the person accused denyeth not the teed but yet he desireth to be forgiven and it has two places more annexed to it purgation and deprecation purgation is when he sayeth he did it not maliciously but by ignorance or mishap which place Cato Euseth erroneously in salutes to thus my mind is that you have pity with you for they that have done a mis be but very young men and desire of honour drove them to it deprecation is when we have no excuse but we call upon the justices mercy the handling were of Tully Reideth in his book of invention thus he that laboreth to be forgiven of his fault must rehearse if he can some benefits of his done a foretime and show that they be far greater in their nature than is the crime that he heth committed so that how be it he heth done greatly amiss yet the goods of his fore and so may well oppress this one fault next after that it behoove with him to have refuge to the merits of his elders if there be any and open them that done he must return to the place of purgation and show that he did not the deed for any hate or malice but either by foolishness or else by the entitlement of some other or for some provable cause and then promise faithfully that this fault shall teach him to beware from thenceforth and also that their benefits that forgive him shall bind him assuredly never to do so more but perpetually to abhor any such offence and with that to show some great hope once to make them a great recompense and pleasure therefore again after this let him if he can declare some kindred between them and him or friendship of his elders and amplify the greatness of his service and good heart toward them if it shall please them to forgive this fault and add the nobility of them that would feign have him delivered and then he shall soberly declare his own virtues and such things as be in him pertaining to honesty and praise that he may by these means seem rather worthy to be advanced in honor for his good qualities than to be punished for his fall this done let him rehearse some other that have been forgiven greater faults than this is it shall also greatly avail if he can show that he hath in time before been in authority and bear a rule over other in the which he was never but gentle and glad to forgive them that had offended underneath him and then let him his own fault and show that their followed not so great damage thereof and that but the profit or honesty will follow of his punishment and finally then by common places to move the judge to mercy and pity upon him the adversary must as I have showed before use for his purpose contrary places some rhetoricians put no more places of deprecation than only this that is here left rehearsed of Tully that is to do our best to move the justice to mercy and pity and the definition of the fault is when we put it from us and lay it to another example the Venetians have commanded certain to go in ambassade to England and there upon appointed them what they shall have to bear their charges which money assigned they cannot get of the treasurer at the day appointed they go not where upon they are accused to the senate here they must lay the fault and punish them not according as it was ordered that he should translation of the fault is when he that confesseth his fault sayeth that he did it moved by the indignation of the malicious deed of another example King Agamemnon which was chief captain of the Greeks at the siege of Troy when he came home was slain of a justice by the treason of Clytemnestra his own wife which murder his son Orestes seeing when he came to man state revenge to his father's death on his mother and slew her where upon he was accused here Orestes cannot deny but he slew his mother but he lay it for him that his mother's abominable injury constrained him there too because she slew his father and this is the handling of confirmation in state the conclusions in these orations are like to the conclusions of other of state legitim and the handling thereof state legitim is when the controversy standeth in definition or contrary laws or doubtful writings or rationation or translation of definition definition as Tully writeeth is when in any writing is some word put the signification whereof requires exposition example a law may be made that such as forsake a ship in time of tempest should lease their right that they have either in the ship or in any goods within the same vessel and that they shall have the ship and the goods that abide still in her it chance to men to be in a little creer of which vessel the one man was both owner and governor and the other possessor of the goods and as they were in the main see they espied one that was swimming in the sea and as well as he could holding up his hands to them for sucker whereupon they being moved with pity made towards him and took him up within a little after arose a great tempest upon them and put them in such jeopardy that the owner of the ship which was also governor lept out of the ship into the ship and with the rope that tied the boat to the ship he governed the ship as well as he could the merchant that was within the ship for great despair of the loss of his goods willing to slay himself thrust himself in with his own sword but as a chance the wound was neither mortal nor very grievous but not withstanding for that time he was unable to do any good in helping the ship against the impetuousness of the storm the third man which not long a forehead suffered shipwreck got him to the stern and hoped the vessel the best that lay in him at length the storm ceased and the ship came safe into the haven boat and all he that was hurt by help of chirurgians recovered and on now every of these three challenged the ship and goods as his own here every man layeth for him the law above rehearsed all their controversy lieeth in the expounding of three words abiding in the ship and forsaking the ship and what we shall in such case call the ship whether the boat as part of the ship or else the ship itself alone the handling hereof is first in a few words and plain to declare the signification of the word to our purpose and after such manner as may seem reasonable to the audience next after such exposition to declare and prove the said exposition true with as many arguments as we can thirdly to join our deed with the exposition and to show that we only did observe the very intent of the law then to refell the exposition of our adversaries and to show that their exposition is contrary to reason and equity and that no wise man will so take the law as they expound it and that the exposition is neither honest nor profitable and to constre their exposition with ours and to show that ours contain it the verity and theirs is false ours honest reasonable and profitable theirs clean contrary and then search out like examples either of greater matters or of less or else of egal matters and to manifest by them that our mind is the very truth contrary laws are where the one seemeth evidently to contrary the other as if a law were that he whom his father hath forsaken for his son shall in no wise have any portion of his father's goods and another law that whosoever in time of tempest abided in the ship shall have the ship and goods then pose that one which was of his father so abject for his child was in a ship of his father's in time of sore weather and when all other for fear of leasing themselves forsook the ship and got them into the boat he only abode and by chance was safe brought into the haven whereupon he challenged the vessel for his where as the party defendant will lay against him that he is abdicate or forsaken of his father and so cannot by the law be part of his goods here must he say again for him that this law alleged doth all only private from their father's goods such as be abdicate and yet would challenge apart as his children but that he doth not so but requireeth to have the ship not as a son to his father but as any other stranger might saying law giveth him the ship that abideth in her in time of necessity and so the handling of this state either to deny one of the laws and show that it hath been afford an old or else to expound it after the sense that is meet to our purpose. Doubtful writing is where either the mind of the author seemeth to be contrary to that that is written which some call writing and sentence or else it is when the words may be expounded diverse ways. Example of the first men say it is a law in Calais that no stranger may go upon the town walls on pain of death now then pose that in time for the town being hard to besieged an alien dwelling in the town giveth him to the walls among the soldiers and doth more good than any one man again. Now after the siege ended he is accused of transgressing of the law which in words is evidently against him but here the defendant must declare the writer's mind by circumstances what stranger he did forbid and what time and after what manner and in what intent he would not have any stranger to come on the walls and in what intent his mind might be understanding to suffer an alien to go upon the walls and here must the effect of the strangers will be declared that he went up to defend the town to put back enemies and there too he must say that the maker was not so undiscreet and unreasonable that he would have no manner of exception which should be to the wealth, profit or preservation of the town for he that will not have the law to be understand in according to equity, good manner and nature intended to prove the maker thereof either an unjust man or foolish or envious. The accuser contrary shall praise the maker of the law for his great wisdom for his plain writing without any manner of ambiguity that no stranger should presume to go upon the walls and rehearse the law word for word and then show some reasonable cause that moved the maker of the law that he would utterly that no stranger should ascend the walls etc. Example of the second a man in his testament giveth to two young daughters that he hath two hundred sheep to be delivered at the day of their marriage on this manner I will that mine executors shall give to my daughters at the time of their marriage every of them an hundred sheep such as they will at the time of marriage they demand their kettle which the executors deliver not of such sort as the maidens would where upon the controversy for the executors say they are bound to deliver to every of them an hundred sheep such as they that be the executors will now here stand the doubt to whom we shall refer this word they to the daughters or to the executors the maidens say nay there too but that it was their father's mind that they should have every of them an hundred sheep such as they that be the daughters will the handling of doubtful writing is to show if it be possible that it is not written doubtfully by cause it is the common manner to take it after as we say and that it may soon be known by such words as partly go before that clause and partly follow and that there be few words but if they be considered so alone they may anon be taken doubtfully and first we shall show if we can that it is not doubtfully written for there is no reasonable man but he will take it as we say then shall we declare by that let go with a four and follow with that it is clearly even as we say and that if we consider the words of themself they will seem to be of ambiguity but seeing they may by the rest of the writing be evident enough they ought not to be taken as doubtful and then show if it had been his mind that made the writing to have it taken as the adversary sayeth he needed not to have written any such words as in the example now put the maidens may say that if it had been their fathers mind that the executors should have delivered such sheep as it had pleased them to deliver he needed not to have added these words such as they will or if they had not been put it would not have been doubt delivering every of them and hundred sheep whatsoever they were had fulfilled the will and could have been no further compelled wherefore if his mind was as they say it was a great folly to put in those words which made a plain manner to be un-plain and then finally show it is more honest and convenient to expound it as we say than as our adversaries do ratiosination is when the matter is in controversy whereupon no law is decreed but yet the judgment thereof may be found out by laws made upon matters some deal resembling therein too as in Rome was this law made that if any person were distraught his possessions and goods should come to the hands of his next kin and another law what any householder doth ordain and make as concerning his household and other goods it is approbate and confirmed by the law and another law if any householder die into state his money and other goods shall remain to his next kin a chanced one to kill his own mother whereupon he was taken and condemned to death but while he lay in prison certain of his familiar friends came thither to him and brought with them a clerk to write his testament which he there made and made such executors as it pleased him after his death his kinsmen challenged his goods his executors say them nay whereupon arise if controversy afford the justice there is no law made upon this case whether he that hath killed his mother may make any testament or not but it may be reasoned on both parties by the laws above rehearsed the kinsmen shall allege the law made for them that be out of their minds presupposing him not to be in much other case or else he would not have done the deed the contrary part shall allege the other law and show that it was none alienation of mind but some other cause that moved him to it and that he hath had his punishment therefor which he should not have suffered of convenient if he had been beside himself translation is which the lawyers call exception as if a person accused plead that it is not lawful for the tether to accuse him or that the judge can be no judge in that cause etc end of section 9 section 10 of the art or craft of rhetoric this is a labor rocks recording all labor rocks recordings are in the public domain for more information or to volunteer please visit laborrocks.org recording by Amelia Chesley the art or craft of rhetoric by Senator Cox the conclusion of the author these are my special and singular good lord which I have purpose to write as touching the chief point of the four that I said in the beginning to long to a retribution and which is more difficulty than the other three so that it once had there is no very great maestry to come by the residue notwithstanding if I see that it be first acceptable to your good lordship in whom next God and his holy saints I have put my chief confidence and trust and after that if I find that it seem to the readers a thing worthy to be looked on and that your lordship and they think not my labor taken in vain I will assay myself in the other parts and so make and accomplish the whole work but now I have followed the fashion of Tully who made a several work of invention and though many things be left out of this treatise that ought to be spoken of, yet I suppose that this shall be sufficient for an introduction to young beginners for whom all only this book is made for other that been entreated already shall have little need of my labor but they may seek more meter things for their purpose either in hermogenies among the Greeks or else Tully or Trepsants among the Latins and to them that be young beginners nothing can be too plain or too short wherefore Horace in his book of the craft of poetry sayeth quick quid precipis asto breves utsito dicta precipiant anime dociles teniant coefideles whatsoever you will teach sayethee be brief therein that the minds of the hearers or readers easier perceive it and the better bear it away and the emperor Justinian sayeth in the first book of his institutions in the paragraph of justice and right that over great curiosity in the first principles make him that is studious of the faculty either to forsake it or else to attain it with very great and tedious labor and many times with great despair to come to the end of his purpose and for this cause I am less curious than I would else have been and also a great deal the shorter if this my labor may please your lordship it is the thing that I do in it most desire but if it seem both to you and other a thing that is very rude and scant worth the looking on yet Aristotle's words shall comfort me who sayeth that men be not only bound to good otters but also to bad because that by their writing provoked cunning her men to take the matter on hand which would else pair adventure have held their peace truly there is nothing that I would be more glad or of and if it might chance me on this manner to cause them that be of much better learning and exercise in this art than I of whom I am very sure that this realm hath great plenty that they would set the pen to paper and by their industry obscure my rude ignorance in the mean space I beseech the readers if they find anything therein that may do them any profit that they give the thanks to God and to your lordship and that they will of their charity pray unto the blessed trinity for me that when it shall please the Godhead to take me from this transitory life I may by his mercy be of the number of his elect to perpetual salvation imprinted at London in Fleet Street Redmond dwelling at the sign of the George cum privilegio end of section 10 end of the art or craft of rhetoric by Leonard Cox