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).

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