¶ After that we must loke vppon the sex /
whether it be man or woman that we ac-
cuse / to se yf any argumēt cā be deduct out
of it to our purpose. As in men is noted au[-]
dacity / women be comonly tymerouse.
Than nexte / the age of the persone. As in
Therence Simo speketh of his son Pam-
philus / sayeth vnto his man called Sosia /
how couldest thou know his condicions or
nature afore / whyle his age and feare / and
his maister dyd let it to be knowen.
¶ Hipermestra in Ouides epistels ioineth
these .ii. places of sex & age to gyther thus.
¶ I am a woman & a yong maiden / milde
& gentyll / both by nature & yeres. My soft
handes are nat apte to fiers batayles.
¶ After these folow strēgth of body / or agi[-]
lity / & quicknes of wyt / out of whiche may
be broght many reasōs to affyrme our pur[-]
pose. So Tulli in his oracion for Milo /
wyllynge to proue y[at] Clodius was the be-
gynner of the fraye / sheweth that Milo
(whiche was neuer wont but to haue men
about hym) by chaunce at that tyme had
in his company certayne Musiciens and
maydens that wayted on his wyfe / whom
he had syttynge with hym in his wagen.
Contraryly Clodius that was neuer wōt
afore but to ryde in a wagen & to haue his
wyfe with him: at that tyme rode furth on
horsebacke. And where as afore he was al-
wayes accustomed to haue knaues & que-
nes in his company: he had than non but
tall men with hym / & (as who shulde say)
men piked out for the nones. ¶ To this is
added forme / as to assay yf we can haue a-
ny argument to our purpose out of the per[-]
sones face or countenance / & so doth Tully
argue in his oraciō agaynst Piso / sayeng.
¶ Seest thou nat now thou beest? doest y[o]u
nat now p[er]ceyue what is mennes cōplaynt
on thy visage? there is nō that cōplaineth
that I wote nat what Surrien & of theyr
flocke whiche be but newly crepte vp to ho[-]
nour out of the donghyll is now made con[-]
sull of the city. For this seruile colour hath
nat deceiued vs nor hery cheke balles / nor
rotten & fylthy tethe / thyne iyes / thy bro-
wes / forhed / & hole coūtenaūce / which in a
maner doth manifest mēnes cōdiciōs & na[-]
ture it hath deceiued vs. ¶ This done / we
must consyder how he hath bē brought vp
y[at] we accuse / among whom he hath lyued / &
whereby / how he gouerneth his houshold /
& assay if we cā pyke out of these ought for
our purpose. Also of what state he is of / fre
or bond / riche or pore / beryng office or nat /
a man of good name / or otherwise / wherin
he deliteth moost / which places do expresse
mānes lyuyng / & by his lyuyng: his will &
mynde / as I wold declare more fully / saue
that in introductions men must labour to
be short / and agayne they are suche that he
that hath any perceyuyng may sone know
what shall make for his purpose / & how to
set it furthe. And therfore this shall suffyse
as touchynge the qualitie of the person.
¶ If we bere away this for a generall rule
(that what maketh for the accuser euer-
more the contrary) is sure staye for the de-
fender / yf he can proue it / or make it of the
more lykelyhood. As Tully in defendynge
Milo / layeth to Clodius frendes charges
that he had non about hym but chosē mē.
And for to clere Milo he sheweth the con-
trary / that he had with hym syngyng lad-
des and women seruantes that wayted on
his wyfe / whiche maketh it of more likely-
hood yt Clodius went about to slee Milo:
than Mylo hym.
¶ The cause that moueth to the mischiefe
lyeth in two thynges. In naturall impul-
sion / and racionacion.
¶ Natural impulsion is angre / hatred / co[-]
uetyse / loue / or suche other affections.
So Simo in Therence / whan he had sayd
that Dauus (whō he had poynted to wayt
vppon his sone Pamphilus) wolde do all
that myght lye in hym bothe with hande
and fote / rather to dysplease hym: than to
please Pamphilus mynde. And Sosia de-
maunded why he wolde do so. Simo made
aunswere by raciocinacion / sayenge / doest
thou aske that? mary his vngracious and
vnhappy mynde is the cause therof.