The second is Iuridicial, wherein not by coniecture, but by matter in action, sentence, lawe, or iudgemente, wee aggrauate the cause in question, in which remaineth the qualitie, circumstance, or greatnes to be decided, and howe vehementlie or slenderlie it hurteth or importeth.
The third is tearmed Legitima, which by Lawes, customes, common vsage, or allowance, defineth a thing to bee good or bad, tolerable or not to be suffered. Out of these heades ariseth the plentie of all our following diuisions, which also hereafter are in their places to be collected, the first whereof, containing matter of Accusation or Charge, may be saide to be Accusatorie, Expostulatorie, Exprobratorie, Comminatorie and Inuectiue. The Second, beeing Responsorie to either of these, may be saide to be Excusatorie, Purgatorie, Defensorie or Deprecatorie. The compasse aswell of the one as the other, either for matters accused, obiected, purged, excused, entreated for, or Defended, are simply or wholie included vnder all or one of these heads before remembred.
The efficacie of either of these, aswell for inforcementes, as for clearing or auoydance of anie matter do séeme to be drawne, per locos absolutes, places absolute, and locos assumptiuos, places assumptiue.
Loci absoluti are such, as containe in them enforcementes not to be auoided, whether it be in charge, matter inuectiue, or defence, for that they are collected of vnauoidable groundes, that is to say, of Nature, Lawe, Custome, Contract, common allowance, Righte, Lawfull and Good Sentence and Iudgement. These aswell to the state Iuridiciall, as to the other of legitima, are alike ordinarie and common, this onely difference, that in that of Iuridicial, they are all enforced to condemnation: in that of legitima, censured by their qualitie, vse or toleration.
Loci assumptiui, are only collections by coniecture, and not matter in certainty, but such as may be vrged by likelihoods yet greatly enforce to accusation, and serue alike to mitigate by defence or excusing, this to the state Coniecturall, and this of Juridiciall doe remaine alike common.
The parts and places Cōiectural, for the heaping of likelihoods, either to accuse, excuse, purge or defend, haue respect vnto the Wil, dispositiō, or ability of any one. The Wil is searched by the outward quality or condition of a man, by his readines, hate, affection, or mislike to a thing, Dispositiō, by the country or soil wherein one is borne, as if wee shoulde say at this presente of a forraine aduersarie, Hee is a Spaniard, how can hee beare good will to England? By his ofspring, as if we should saie, Being born, and bred of lewde parents, how can the issue be good. By his education, as thus, He was so looselie trained vp, and so vilelie inured, that there is no hope at all to be in him expected. By his studies, as to saie, Consider but the application of his whole manner of liuing, weigh his continuall practises, see but into his particular and ordinarie studies, and then tell mee what you may iustlie suppose of the residue of his beeing. And likewise by sundrie other circumstances. Abilitie is vrged by Oportunitie, by Time and Place, Aydes or Supportes, and the means of either of these, measured by the credite, affection, want, companie, conceit, or instabilitie of the person we goe about to accuse, excuse, purge or defend.
Thus haue I largelie deliuered vnto you, the sum and scope of what in speciall to be intended vnder this title, the vse and more particular shew whereof shall bee by their seuerall Epistles more amplie explaned vnto you. And howbeit I could here a little dwel by some continued discourse, in the commendable aduancement vnto you of the woorthinesse of this present part we haue now in hand of well writing, wherein not onelie these places alreadie remembred, but in a manner all other partes of the Deliberatiue and Demonstratiue kinde are most plentifullie accited: Yet will I but remember vnto you howe effectuallie by the well handling of anie the particulars therunto belonging, and howe farre more singularlie then in anie others, the excellencie of a good witte and a quicke, and fine inuention is most fullie deciphered, feeling that in the occurrents heereof, the writer is neuer tyed to anie one course in particular, but hath scope to wade into all things in generall.
For that by the verie order of these Epistles, hee shall sundrie times haue occasion to vse the partes Descriptorie, Laudatorie, Vituperatorie, Hortatorie, Swasorie, Disswasorie, Petitorie, Monitorie, Conciliatorie, Reprehensorie, and at many times diuers or the most part of them altogithers. Wherefore leauing any further respect hereof, vnto the ready conceite of such as thereunto may bee enabled, we will proceed vnto the rest.
The partes for Disposition required in these Epistles, are as in the others before going, that is to saie: Exordium, Narratiō, or Propositiō, Confirmatiō, Confutatiō, and Peroratiō.
The first of the distinctions vnder this part Iudiciall to be prosecuted, appeareth to be Accusatorie, which either simplie by coniectures, or by matter of knowne or verily supposed troth, as you haue before remembred, or both wayes at once, may bee conueyed. Whereof the first in sequence which I will deliuer vnto you for example, shall be in the state coniecturall, which being framed to be questionable betwéene a Merchant and his seruant, falleth out in sort following to be performed.