The diffinicion of the thynge.
The causes.
The partes.
The effectes.
¶ Exāple. If thou inquire what thīg Iu[-]
stice is / whereof it cometh / what partes it
hath / & what is the office or effect of euery
parte / than hast thou diligētly serched out
the hole nature of Iustice / & handeled thy
simple theme accordyng to the precept[e]s of
Logicians / to whom our auctour leueth
suche mat[er]s to be discussed of thē / how beit
somwhat ye Rhetoriciās haue to do with
ye simple theme / & asmoche as shall be for
theyr entent he wyll shew hereafter. For
many tymes the oratour must vse bothe
diffinicions & diuisions. But as they be in
Logike playne and compendiouse / so are
they in Rhetorike extēded & paynted with
many figures & ornament[e]s belongyng to
the science. Neuertheles to satisfie the re-
ders mynde / & to alleuiate the tediousnes
of serchynge these places / I wyll open the
maner and facion of the handelyng of the
theme aforsayd as playnly as I can / after
the preceptes of Logike.
¶ First to serche out the perfite knowlege
of Iustice: I go to my fyrst place diffinici[-]
on / & fetche from Aristotle in his Ethik[e]s
the Diffinicion of Iustice / which is this.
¶ Iustice is a morall vertue / wherby men
be the werkers of rightfull thynges (that
is to saye) whereby they bothe loue & also
do suche thynges as be iust. This done: I
serche the causes of Iustice (that is to say)
from whens it toke the fyrst begynnyng /
and by cause that it is a morall vertue: and
Plato in the ende of his Dialogue Menō
concludeth that all vertue cometh of god:
I am assured that god is the chief cause of
Iustice: declaryng it to the worlde by his
Instrument mānes wyt / whiche the same
Plato affyrmeth in the begynnyng of his
lawes. The Diffinicion and cause had: I
come to the thyrde place called partes to
knowe whether there be but one kynde of
Iustice or els many. And for this purpose
I fynde that Arystotle in the fyfte of his
Ethikes deuideth Iustice in two speces or
kyndes. One yt he calleth Iustice legiti-
me or legal / an other that he called Equi-
te. ¶ Iustice legall is that that consysteth
in the superiours whiche haue power for
to make or statute lawes to the īferiours.
And the office or ende of this Iustice is to
make suche lawes as be bothe good and
accordynge to right and conscience / & thā
to declare them / & whan they are made &
publisshed as they ought to be / to se that
they be put in vre / for what auaileth it to
make neuer so good lawes: yf they be nat
obserued and kept. ¶ And finally that the
maker of the lawe applye his hole studie &
mynde to the welthe of his subiectes and
to the comon profyte of them. The other
kynde of Iustice whiche men call Equitie
is whereby a man neyther taketh nor gy-
ueth lesse nor more than he ought / but in
gyuynge taketh good hede that euery mā
haue accordynge as he deserueth. This
Equitie is agayne deuyded into Equitie
distributyue of comon thynges & Equitie
Commutatiue. By Equitie distributyue
is distributyd and giuen of comon goodes
to euery mā accordyng to his deseruyng[e]s
and as he is worthy to haue. As to deuide
amonge suche as longe to the Chyrche of
the Chyrche goodes after the qualitie of
theyr merytes: and to them beynge Ciuil
persones of the comon treasour of the Ci-
tie accordynge as they are worthy.
¶ In this parte is comprehended the pu-
nyshment of mysdoers and trangressours
of the lawe / to whome correccion must be
distributed for the comon welth according
to theyr demerites / after the prescripcions
of the lawes of the contrey / made & deter-
mined for the punisshment of any maner
of transgressour. ¶ Equity cōmutatiue is
a iust maner in the chaungynge of thyng[e]s
from one to another / whose offyce or effect
is to kepe iust dealynge in equytie / as by-
enge / sellynge / & all other bargaynes law-
full. And so are herewith the spices of Iu-
stice declared theyr offices / which was the
fourth & last place.
¶ Our auctour also in a great worke that
he hath made vpon Rhetorike / declareth
the handelynge of a theme symple by the
same example of Iustice / addynge two pla[-]
ces mo / whiche are called affines and con-
traries on this maner.
¶ What is Iustice? A vertue whereby to
euery thynge is gyuen that that to it be-
longeth.
¶ What is the cause thereof? Mannes
wyll consentynge with lawes & maners.
¶ How many kyndes? Two.
¶ Whiche? Commutatiue & Distributiue /
for in two maners is our medlynge with
other men / eyther in thynges of our sub-
staunce & wares / or in gentyll and cyuyle
conuersacion.