Chapter 8

This part of _Rhetorike_ is large to intreate vpon, for the [Fol. xxxiij.v] aboundaunce of matter.

The common place, whiche Aphthonius intreateth of, is to be aplied against any man, for the declaimor to inuade, ei- ther against vices, or to extoll and amplifie his vertues.

This oracion of a common place, serueth bothe for the ac- cuser and the defender.

For the accuser, to exasperate and moue the Iudges or hearers, against the offender, or accused.

For the defendour to replie, and with all force & strength of matter, to mollifie and appease the perturbacions of the Iudges and hearers, to pulle doune and deface the contrarie alledged.

There is greate force in this oracion, on bothe the sides.

Properlie this kinde of _Rhetorike_, is called a common place, though it semeth to be made againste this man, or that man: because the matter of thesame shall properly pertain to all, giltie of thesame matter.

[Sidenote: Pristianus.] Pristianus sheweth, that this parte of _Rhetorike_, is as it were a certaine exaggeracion of reason, to induce a manifest probacion of any thyng committed.

As for example, a Theife taken in a robberie, in whom neither shamefastnesse, nor sparcle of grace appereth against soche a one: this oracion maie be made, to exasperate the Iud- ges from all fauour or affeccion of pitie, to be shewed.

¶ The order of the Oracion followeth with these notes to be made by.

¶ The firste Proheme.

DEmosthenes the famous Orator of Athenes in his oracio[n] made against Aristogito[n] doeth saie, [Sidenote: What are Lawes.] that Lawes wherewith a common wealthe, ci- tie or Region is gouerned, are the gifte of God, a profitable Discipline among men, a restraint to with holde and kepe backe, the wilfull, rashe, and beastilie [Sidenote: Aristotle. Plato.] life of man, and therupo[n] Aristotle and Plato doe shewe, that through the wicked behauour of men, good lawes were first [Fol. xxxiiij.r] ordained, for, of ill maners, saie thei, rose good lawes, where [Sidenote: Order.] lawes doe cease, and good order faileth, there the life of man will growe, rude, wild and beestlie: Man beyng a chiefe crea- [Sidenote: Man borne by nature to societee.] ture or God, indued with manie singuler vertues, is framed of nature to a mutuall and Godlie societie of life, without the whiche moste horrible wolde the life bee, for not onlie by concorde and agremente, the life of man dothe consiste but al things on the earth haue therin their being: the heauens and lightes conteined in the same, haue a perpetuall harmonie & concente in finishyng their appointed race. The elementes [Sidenote: All thinges beyng on the yearth, dooe consiste by a harmonie or concorde.] of the worlde, where with the nature and substaunce of all thinges, doe consiste onlie by a harmonie and temperature of eche parte, haue their abidyng increase & prosperous beyng, otherwise their substaunce, perisheth and nature in all partes decaieth: Kyngdomes and common wealthes doe consiste in a harmonie, so long as vertue and all singularitie tempereth their state and gouernemente, and eche member thereof obe- ieth his function, office and callynge, and as partes of the- same bodie, euerie one as nature hath ordained theim occu- piyng, their roume and place, the vse of euerie parte, all to the vse and preseruacion of the hole bodie, and as in the bodie so in the common wealthe, the like concorde of life oughte to be in euery part, the moste principall parte accordyng to his di- gnitie of office, as moste principall to gouerne thother inferi- or partes: and it thei as partes moste principal of thesame bo- die with all moderacion and equabilitie te[m]peryng their state, [Sidenote: Order con- serueth com- mon wealth.] office and calling. The meanest parte accordyng to his lowe state, appliyng hym selfe to obeie and serue the moste prin- cipall: wherein the perfecte and absolute, frame of common wealthe or kyngdome is erected. And seyng that as the Phi- losophers doe saie, of ill maners came good lawes, that is to saie, the wicked and beastlie life of man, their iniurius beha- uiour, sekyng to frame themselues from men to beastes mo- [Sidenote: Euil maners was the occa- sion of good Lawes.] ued the wise and Godlie, elders to ordaine certaine meanes, to rote discipline, whereby the wickedlie disposed personne [Fol. xxxiiij.v] should bee compelled to liue in order, to obeie Godlie lawes, to the vpholdyng of societie. Therefore, all suche as dissolue lawes, caste doune good order, and state of common wealth, out as putride and vnprofitable weedes, to be extirpated and plucked vp from Citie and Common wealthe, from societie, who by mischeuous attemptes seke, to extinguishe societie, amitie, and concord in life. Princes & gouernors with al other magistrates ought in their gouernment to imitate the prac- tise of the Phisician, the nature of man, wekedned and made feble with to moche abundaunce of yll humors, or ouermoch with ill bloode replenished, to purge and euacuate that, and all to the preseruacion and healthe of the whole bodie: for so was the meanyng of the Philosopher, intreatyng of the po- litike, gouernment of kingdome and commonwealth, when [Sidenote: Theiues not mete to be in any societie.] thei compared a kingdome to the bodie of man: the thefe and robber as a euill and vnprofitable member, and all other as without all right, order, lawe, equitie and iustice, doe breake societie of life, bothe against lawe and nature: possessing the goodes of a other man, are to bee cutte of, as no partes, méete to remaine in any societie.

¶ The seconde Proheme.

[Sidenote: Why theiues and wicked men, are cut of by lawe.] THe chifest cause that moued gouernours and ma- gistrates, to cutte of the race of theues, and viole[n]te robbers, and of all other mischeuous persons, was that by them a confusion would ensue in al states. What Citee could stande in prosperous state, yea, or what house priuatlie inhabited, where lawes and aucthoritee were exiled: where violence, will, luste, and appetite of pestiferous men, might without terrour bee practised. If the labour and industrie of the godlie, should be alwaie a praie to y^e wicked, and eche mannes violence and iniurious dealyng, his owne lawe, the beaste in his state, would bee lesse brutishe and in- iurious. Who so seketh to caste doune this societée, he is not méete to be of any societée, whiche he dissolueth. Who so rob- beth or stealeth, to liue by the gooddes of an other manne, as [Fol. xxxv.r] his possession, is by violence and againste Nature: so by vio- [Sidenote: A due rewar[-] des for thie- ues and mur- therers.] lence and against nature, their pestiferous doinges do frame their confusion: their execrable & destetable purpose, do make theim a outcaste from all good people, and as no members thereof, cut of from all societée, their euill life rooteth perpetu- al ignomie and shame. And thus is the tragicall ende of their enterprise.

¶ The contrarie.

[Sidenote: Democratia.] HErein the lose and dissolute state of gouernmente called of the Grekes Democratia, haue conten- ted the wilfull heddes of pestiferous men: where- in euery man must bee a ruler. Their owne will is their Lawe: there luste setteth order, no Magistrate, but euery one to hymself a Magistrate. All thynges in common, as long as that state doeth remain emong the wicked, a most happie state coumpted, a wished state to idell persones, but it [Sidenote: The thiefe. The mur- therer.] continueth not. Herein the murtherer, the thiefe were meete to be placed. The greater thiefe, the better manne: the moste execrable murtherer, a moste mete persone, for soche state of gouernemente. There is no nacion vnder the Sunne, but that one tyme or other, this troublous state hath molested theim: and many haue sought to sette vp soche a monsterous state of regiment, a plagued common wealthe, and to be de- tested. Soche was the order of men, when thei liued without lawes. When the whole multitude were scattered, no citee, Toune, or house builded or inhabited, but through beastlie maners, beastlie dispersed, liued wilde and beastlie. But the wise, sage, and politike heddes reduced by wisedome, into [Sidenote: Houses. Families. Tounes. Citees.] a societie of life, nature leadyng thereto: Houses and habita- cions, were then for necessitie made, families multiplied, vil- lages and Tounes populouslie increased, and Citees raised emong so infinite people. Nature by God inuented and sta- blished Lawe, and the sage and wise persones, pronounced and gaue sentence vpon Lawes. Whereupon, by the obedi- ence of lawes, and preeminente aucthoritie of Magistrates: [Fol. xxxv.v] The state of mightie Kyngdomes and Common wealthes, haue growen to soche a roialnesse and loftie state, many fa- mous kingdomes haue been on the face of the yearth: many noble Princes from tyme to tyme succedyng, whiche with- [Sidenote: Obedience of Lawes did stablishe the mightie mo- narchies.] out a order of godlie lawes, could not haue continued. What was the cause that the mightie Monarchies, continued many hundred yeres: did the losse of dissolute life of subiectes and Princes, cause thesame but good lawes, and obedience to or- ders. Therefore, where Magistrates, bothe in life and office, [Sidenote: The life of the Magi- strate, a lawe[.]] liue in the obedience of Lawes: the multitude inferiour, by example of the Magistrates singularitie, incensed dooe place before them, their example of life, as a strong lawe.

[Sidenote: The Epistle of Theodosi- uus Empe- ror of Rome[.]] Theodosius Emperor of Rome, writyng to Uolusianus his chief Pretor, as concernyng his office, in these woordes, saieth: _Digna vox est maiestate regnantis legibus alligatum se principem profiteri. Adeo de autoritate Iuris nostra pendet autoritas et reuera maius imperio est submittere legibus prin[-] cipatum & oraculo presentis edicti quod nobis licere non pa- timur alijs indicamus._ It is a worthie saiyng, and meete for the Maiestie of a Prince, to acknowledge hymself vnder his lawe. For, our aucthoritie, power, and sworde, doeth depende vpon the force, might, and aucthoritie of Lawes, and it pas- seth all power and aucthoritie, his gouernemente and kyng- dome to be tempered by lawe, as a moste inuiolable Oracle and decrée, so to doe as we prouulgate to other. Whereupon it is manifeste, what force godlie lawes gaue to the Prince, what aucthoritie. Take lawes awaie, all order of states fai- [Sidenote: Princes Lawe.] leth, the Prince by Lawe, is a terrour to the malefactour: his Maiestie is with all humblenesse serued, feared, and obeied. By lawes, his state maketh hym as a God, emong menne, at whose handes the preseruacion of eche one, of house, citee and countrie is sought. Seing bothe lawes and the Prince, hane that honour and strength, that without them, a _Chaos_ a con- fusion would followe, in the bodie of all common wealthes and kyngdomes. Let them by aucthoritie and lawe bee con- [Fol. xxxvj.r] founded, that practise to subuerte aucthoritie, to neclecte the Prince, and his godlie lawes.

¶ The exposicion.

[Sidenote: Theiues and all iniurious persones.] THe theife, or any other iniurious persone, doeth seke to bée aboue all lawes, exempted from all order, vn- der no obedience, their pestiferous dealyng, dooe vt- [Sidenote: Demosthe- nes in Ari- stogiton.] ter thesame: For, as Demosthenes the famous Orator of A- thenes doeth saie. If that wicked men cease not their viole[n]ce if that good men in all quietnes and securitie, can not enioye their owne goddes, while lawe and aucthoritie of the magi- strate, seuerelie and sharply vseth his aucthoritie and sword. If dailie the heddes of wicked men, cease not to subuerte la- wes, orders, and decrees godlie appoincted. Whiles that in all Citees and common wealthes, the Princes and gouer- [Sidenote: The force of lawes.] nours, are by lawes a terror to them. Lawes then ceasyng, the dreadfull sente[n]ce of the Iudge and Magistrate wanting. The sworde vndrawen, all order confounded, what a con- fusion would followe: yea, what an open passage would bee lefte open to all wickednesse. The terrour of Lawes, the sworde and aucthoritie of the Magestrate, depresseth and put[-] teth doune, the bloodie cogitacions of the wicked, and so hin- dereth and cutteth of, many horrible and bloodie enterprises. Els there would bee neither Prince, Lawe, nor subiecte, no hedde or Magistrate: but euery manne his owne hedde, his owne lawe and Magistrate, oppression and violence should bee lawe, and reason, and wilfull luste would bee in place of reason, might, force, and power, should ende the case. Where- fore, soche as no lawe, no order, nor reason, will driue lo liue as members in a common wealthe, to serue in their functio[n]. [Sidenote: Wicked men burdeins of the yearth.] Thei are as Homere calleth the:m, burdeins to the yearth, for thei are of no societie linked with Nature, who through wickednesse are disseuered, abhorryng concorde of life, socie- tie and felowship. Whom sinister and bitter stormes of for- tune, doe daiely vexe and moleste, who in the defence of their [Fol. xxxvj.v] [Sidenote: Maimed sol- diours muste be prouided for.] countrie are maimed, and thereby their arte and science, for, imbecilitie not practised, all art otherwise wantyng, extreme pouertee fallyng on them, reason muste moue, and induce all hartes, to pitée chieflie their state: who in defence and main- teinaunce of our Countrie, Prince, and to the vpholdyng of our priuate wealthe at home, are become debilitated, defor- med and maimed, els their miseries will driue them to soche hedlesse aduentures, that it maie bee saied, as it was saied to [Sidenote: The saiyng of a souldiour to Alexander the greate.] Alexander the Greate. Thy warres, O Prince, maketh ma- ny theues, and peace will one daie hang them vp. Wherein the Grecians, as Thusidides noteth, had a carefull proui- dence, for all soche as in the defence of their Countrie were maimed, yea, euen for their wiues, and children of all soche, as died in warre, to be mainteined of the commo[n] charge and threasure of Grece. Reade his Oracion in the seconde booke, made vpon the funerall of the dedde soldiours.

¶ A comparison of vices.

[Sidenote: The dru[n]kard[.] The proude persone. The prodigal[.] The couei- teous. The robber.] THe dronkarde in his state is beastlie, the proude and arrogante persone odious, the riotous and prodigall persone to be contempned, the couei- tous and nigardlie manne to bee reiected. But who so by violence, taketh awaie the goodes of an other man, or by any subtill meanes, iniustlie possesseth thesame, is detestable, with all seueritée to be punished. The [Sidenote: The adul- terer. The harlot.] adulterer and the harlotte, who by brutishe behauiour, leude affection, not godlines leadyng thereto: who by their vnchast behauior, and wanton life doe pollute, and co[n]taminate their bodie, in whom a pure minde ought to be reposed. Who tho- rowe beastly affeccion, are by euill maners transformed to beastes: and as moche as in theim lieth, multipliyng a bru- [Sidenote: The homi- cide.] tishe societie. The homicide in his state more horrible, accor- dyng to his outragious and bloodie life, is to bee tormented, in like sort all other vices, accordyng to their mischiues, rea- son, Lawe and Iustice, must temper and aggrauate due re- [Fol. xxxvij.r] ward, and sentence to them.

¶ The sentence.

[Sidenote: Thefte horri[-] ble amo[n]g the Scitheans.] NO vice was more greuous, and horrible emong the Scithians then thefte, for this was their sai- yng: _Quid saluum esse poterit si licet furari_, what can be safe, if thefte bee lefull or tolerated. Herein [Sidenote: A sentence a- genst thefte.] the vniuersalle societée of life is caste doune, hereby a confu- sion groweth, and a subuersion in all states immediatlie fol- loweth, equitee, iustice, and all sincere dealyng is abaundo- ned, violence extirpateth vertue, and aucthoritie is cutte of.

¶ The digression.

THE facte in other maie be with more facilitée to- lerated, in that to theim selues, the facte and con- uersacion of life is moste pernicious, and hurtfull, but by soche kinde of menne, whole kyngdomes and common wealthes would bee ouerthrowen. And for a prosperous state and common wealthe, a common woe and [Sidenote: Horrible vi- ces.] calamitée would fall on them, tumultes and vprores main- tained, right and lawe exiled: neither in field quietnes, welth or riches, houses spoiled, families extinguished, in all places sedicion, warre for peace, violence for right, will and lust for [Sidenote: Userers.] lawe, a hedlesse order in all states. And as concernyng Usu- rers, though their gaines be neuer so ample, and plentifull, to enriche them, whereby thei growe to be lordes, ouer many thousandes of poundes: yet the wealthe gotten by it, is so in- iurious, that thei are a greate plague, to all partes of the co[m]- mon wealthe: so many daungers and mischiues, riseth of the[m][.] Cato the noble and wise Senator of Rome, being demaun- ded diuers questions, what was firste to bee sought, in a fa- milie or housholde, the aunsweres not likyng the demaun- [Sidenote: The sentence of Cato a- gainst vsu- rers. Usure is mur[-] ther.] der: this question was asked, O Cato, what sente[n]ce giue you of Usurie, that is a goodlie matter to bee enriched by. Then Cato aunswered in fewe woordes. _Quid hominem occidere._ What saie you to be a murderer? Soche a thyng saieth he, is [Fol. xxxvij.v] Usurie. A brief sentence againste Usurers, but wittely pro- nounced from the mouth of a godlie, sage, noble, and descrite persone, whiche sentence let the Usurer, ioigne to his Usury retourned, and repeate at the retourne thereof, this sentence [Sidenote: The sentence of Cato a dis- comfort to v- surers.] of Cato, I haue murthered. This one sentence will discou- rage any Usurer, knowyng hymself a murtherer. Though moche more maie be spoken against it, this shalbe sufficient. The Hebrues calleth Usurie, by the name of _Shecke_, that is a bityng gaine, of the whiche many haue been so bitten, that whole families haue been deuoured, & beggerie haue been their gaine. And as Palingenius noteth.

_Debitor aufugiens portat cum fænore sortem._

The debtour often tymes saieth he, runneth awaie, and carieth with hym, the debte and gaines of the Usurie. The Grekes calleth Usurie _Tokos_, that is properlie the trauaile of women of their childe: soche is their Usurie, a daungerous gettyng. Demosthenes likeneth their state as thus, as if ter- restriall thynges should be aboue the starres: and the heaue[n]s [Sidenote: Usure a dan- gerous gaue.] and celestialle bodies, gouerned by the base and lowe terre- striall matters, whiche by no meanes, can conserue the ex- cellencie of them, for, of them onely, is their matter, substau[n]ce and nature conserued.

¶ Exclusion of mercie.

WHerefore, to whom regimente and gouerne- mente is committed, on whose administracion, the frame of the co[m]mon wealth doe staie it self: thei ought with al wisedome and moderacion, to procede in soche causes, whose office in wor- [Sidenote: Princes and magistrates be as Gods on the earth.] thinesse of state, and dignitée, maketh the[m] as Goddes on the yearth, at whose mouthes for wisedome, counsaill, and for- tunate state, infinite people doe depende. It is no smal thing in that their sword & aucthoritée, doeth sette or determine all thinges, that tendereth a prosperous state, whereupon with all integritée and equitée, thei ought to temper the affeccions of their mynde: and accordyng to the horrible facte, and mis- [Fol. xxxviij.r] chiues of the wicked, to exasperate & agrauate their terrible iudgemente, and to extirpate from the yearth, soche as be of [Sidenote: The homicide. The Theue. The Adulte- rer.] no societie in life. The bloodie homicide, the thief, the adul- terer, for by these all vertue is rooted out, all godlie societie extinguished, citees, realmes, and countrées, prostrate & pla- gued for the toleracion of their factes, against soch frendship in iudgemente muste cease, and accordyng to the state of the cause, equitee to retaine frendship, money muste not blinde, nor rewardes to force and temper Iudgementes: but accor- dyng to the veritee of the cause, to adde a conclusion. Wor- [Sidenote: Whey the pi- ctures of ma- gistrates bee picturid with- oute handes.] thelie the pictures of Princes, Gouernours and Magistrates in auncient tymes doe shewe this, where the antiquitée ma- keth theim without handes, therein it sheweth their office, and iudgemente to proceade with equitée, rewardes not to blind, or suppresse the sinceritée of the cause. Magistrates not to bee bounde to giftes, nor rewardes to rule their sentence. _Alciatus_ in his boke called _Emblemata, in senatu[m] sancti prin- cipis_.

[Sidenote: Princes and magistrates graue & con- stante.]

_Effigies manibus trunc[ae] ante altaria diuum Hic resident, quarum lumine capta prior Signa potestatis summ[ae], sanctiq[ue] senatus, Thebanis fuerant ista reperta viris. Cur resident? Quia mente graues decet esse quieta Iuridicos, animo nec variare leui. Cur sine sunt manibus? Capiant ne xenia, nec se Pollicitis flecti muneribus ve sinant. Cecus est princeps quod solis auribus, absq[ue] Affectu constans iussa senatus agit._

Where vertue and integritée sheweth it self, in the persone and cause, to vpholde and maintein thesame. Roote out hor- rible vices from common wealthe, that the more surer and stronge foundacion of vertue maie be laied: for, that onelie cause, the scepter of kinges, the office of magistrates was left to the posteritée of all ages.

¶ Lawfull and iuste.

[Fol. xxxviij.v]

¶ Lawfull and iust.

[Sidenote: Lawes giue equitie to all states.] SEyng that lawes bee godlie, and vniuersally thei temper equitée to all states, and giue according to iustice, euery man his owne: he violateth vertue, that dispossesseth an other manne of his own, and [Sidenote: What driueth y^e magistrate to horrible sentence a- gainst wicked persons.] wholie extinguisheth Iustice. And thereupon his beastly life by merite forceth and driueth, lawe and Magistrate, to terri- ble iudgement. For, who so against right, without order, or lawe, violateth an other man, soche a one, lawes of iustice, muste punishe violentlie, and extirpate from societée, beyng a dissoluer of societee.

¶ Profitable.

IF soche wicked persones be restrained, and seuerelie punished, horrible vices will be rooted out: all artes[,] sciences, and godlie occupacions mainteined, vphol- ded and kept. Then there must bée a securitée in all states, to [Sidenote: Magistrate. Subiect.] practise godlines, a mutuall concorde. The Magistrate with equitée, the subiecte with faithful and humble obedience, ac- complishyng his state, office, and callyng. Whereupon by good Magistrates, and good subiectes, the common wealthe and kyngdom is in happie state stablished. For, in these twoo [Sidenote: Plato.] poinctes, as Plato doeth saie, there is vertuous rule, and like obedience.

¶ Easie and possible.

[Sidenote: The begyn- nyng of vice is to be cut af.] AL this maie easely be doen, when wickednes is cutte of, in his firste groweth, when the magistrate driueth continually, by sworde and aucthoritée, all menne to obedience, bothe of lawes and gouernuurs. Then in al good common wealthes, vices are neuer tolerated to take roote: be- cause the beginnyng and increase of vices, is sone pulled vp, his monsterous kyngdome thereby ouerthrowen.

¶ The conclusion.

SO doyng, happie shall the kyng be, happie kyngdome, and moste fortunate people.

[Fol. xxxix.r]

¶ The parte of Rhetorike, called praise.

His Oracion, which is titeled praise, is a declamacio[n] of the vertuous or good qualitées, propertees belon- gyng to any thyng, whiche doeth procede by certaine notes of arte.