[ ¶ A copious heaping of probacions.]
[ Proues.] So when proposicions be found, remaineth argumẽtaciõ or proues, called in Greke [Pistis], because they make suretye of a doutefull thyng.
Two sortes of proues. Of proues some be [artificiall], some vnartificial. [Vnartificial] be, foreiudgementes, rumoures, tormentes, tabelles, othe, wytnesses, diuinacion, oracles. Signes be referred to proues vnartificial, & why? To these be referred whych the Greekes cal [Symeia] or [sygnes]: For they also commonlye are not set by the wytte of hym that disputeth, but are ministred otherwyse. Signes wherfore. They be called signes properlye, whyche rysynge of the thynge it selfe that is in question come vnder the sences of menne, Signes be referred to tyme. as threatninges, whych be of the time that is paste, cryinge herde oute of a place, whyche is of the tyme presente, palenesse of hym whyche is axed of the murther, whyche is of the tyme folowynge, or that bloud leapte oute of the bodye latelye slayne, when he came that dyd the murther. Two maner of signes. Also of signes some bee necessary, as that he liueth whiche dothe breathe, and some probable, as bloude in the garmente, whych myghte also come oute of the nose, or otherwyse. Proues takẽ oute of circũstauces. Also proues and argumentes are taken oute of circũstaunces, partly of the person, partlye of the cause or thyng it self, and be called also of the Rethoricians places, neyther cleane contrarie to those that Aristotle hath taughte, neyther the very same: for some agree wyth them, some be all one, and some diuerse. How proues of circũstaũces differ frõ Aristotels places. Onlye differeth the manour of teachynge, because the Rethoricianes do teache a patrone, the philosopher generally helpeth iudgement. Circũstãces of person. Circumstaunces of the person ben these. Kinred, nacion, contrey, kynde, age, bryngynge vp, or discipline, hauioure of the body, fortune, condicion, nature of the mynde, studies, affectacion, wordes forespoken, & deedes done before, commocion, counsell, name.
Kynred. Kynred monisheth vs to cõsider of what progeny a man dothe come. For it is semely, and happeneth cõmonlye that the sonnes be lyke the forefathers, and thereof procedeth causes to lyue well or euyll: [Nacion] Naciõ sheweth what disposicion and maners euery nacion hath peculiarly of theyr owne. Kynd. The difference of kynde is knowen to euerye man: Age. To diuerse ages diuerse thyngs be conueniente. Educacion. It skylleth more by whom, and by what wayes men be brought vp, then of whom they be begotten. Hauiour of the bodie. The hauioure of the bodye comprehendeth fayrnes or foulnes, strength or weaknes: For more credible is the accusacion of lecherye in a fayre body then in a foule, and violence more probable in the strong, then in the weake. [Fortune] Fortune perteineth to ryches, kynred, friendes, seruitures, dignities, honours.
[Condicion.] Condicion comprehendeth manye thynges: as whether he be noble or not noble, an officer, or a priuate person, a father or a sonne, a citizen or a straunger, a fre man, or a seruaunt, a maried manne, or a single man, a father or none, hauinge had but one wyfe, or two. The nature of the mynd The nature of the mynde hath manifold varieties in men. Some be fearful, some strong, some gentle, some vehemẽt, chaste, lecherous, glorious, modeste &c. [Studies] Studies, for other be the maners of the rustical, then of the lawyer, of the marchaunte, then of the Soldier, of the shipman then of the phisicion. [Affectacion.] To these they adde affectacion: For it skylleth muche what maner man euerye one wolde seme to be, whether he be ye same or not: as ryche, or eloquent, iuste or mightie, mery or sad, a fauorer of the people, or of the great men. Wordes spoken, & deedes done before Both wordes that be spoken before time, and dedes that be done, be also considered. For of thynges that be paste, the present be estemed, & also thinges that be to come. Commocion Cõmocion in thys differeth from the nature of the mynde, because that one is perpetuall, that other for a whyle: as anger is commocion, rancour the nature of the mynde, and feare a cõmocion, fearefulnesse nature.
Name. ¶ To these they adde the name of the person, of whence many tymes an argument is takẽ: as Cicero iesteth muche vpon Verres, or sweepers name, because beyng a strong thief, he swepte altogether. Thus haue we shewed that much matter may be taken of thynges belongyng to a personne, so maye be also of those that belonge to a thynge or cause, whiche places bee so handeled of Quintiliane, that he myngleth thẽ wyth the places whyche Aristotle hathe comprehended in hys eyghte bookes of Topyckes. [Circũstaunces of things be these.] Circumstances of the thynges be these: Cause, place, tyme, chaunce, facultie, instrumente, manour. And fyrste of euerye thinge there be foure causes, efficient, materiall, formall and finall. Matter is the receptacle of al formes. The forme causeth it to be thys, and not another thynge: as the reasonable soule geueth to the body that it is a man, and the soule because it is a substaunce hathe her vnnamed forme, whereby she is a soule, and not an aungel. Fine or ende. And what soeuer is made, is made to a certen ende, and one thynge maye haue diuerse endes: as nature hathe geuen brestes vnto women to geue milke, and also for comlynesse of theyr bodies, neyther doth any man that is of a sounde mynde take vpon hym anye businesse, but for that he desyreth to haue some thynge: nor there is nothynge desyred, but vnder the consideracion of good or profite. ¶ So the ende whyche is laste in effecte, and fyrste in intencion, loketh vpon the gettinge of profites, increase, and cõfirmacion of them, and also vpon them, eschuynge of disprofites, diminyshynge, or puttyng them awaye. But in chosyng them, false perswacion deceyueth manye, whylest by errour they beleue that to be good yt is naughte. ¶ This place therfore serueth for many thynges, to make more or lesse. ¶ Greatly happy shulde men be, if euerye man wolde looke vpon the marke, not the whych desyre hathe sette before hym, but whyche God and honest reason hath prefixed. ¶ And of such strengthe is the ende, that hereof is taken the felicitie of euery thyng. To fast that the body maye obeye the mynde, to do good workes is an holy deede. To fast to be counted holye, is hypocrisie. To faste to encrease thy good, is couetousenesse. To faste to be whole in thy bodie is phisycke, and so of praiynge, almose, and other laudable workes. After lyke maner must be wayed the secondarie endes. Place. An other circumstaunce of a thynge, is the place, whose qualitie oftentimes maketh the faute either greter or lesser: as to steale an holye thing out of an holy place, is worse then some other kynde of theft. Tyme. No lesse matter of argumentacion ministreth the qualitie of time, which signifieth two thynges. Time hathe two significacions. Fyrst it is taken playnly for the time present, past, or to come: Seconde it signifieth oportunitie to do a thynge, and so when a man cometh as we wold haue it, we saye he cometh in time.
And in the seuenth of Ihon, when Christ sayth: My tyme is not yet come, tyme is taken for oportunitie of tyme. And lykewyse in the syxt to the Galat. Therfore whyle we haue tyme. &c. [Chaunce.] The Rethoricianes put chaunce vnder tyme, because the ende of a thynge perteyneth to the time that foloweth: but of thys wyll we speke in the place called Euent. Facultie is a power to do the thynge that is taken in hand: and in coniectures two thinges speciallye be considered: whether he could or wold. Wyll is gathered of hope to performe it, and is made more probable whẽ the nature of the mynde is ioyned to it: as it is not like he wyl abide in his glorye, because he is enuious and ambicious. Also when we counsell one to leaue of vayne mournynge, when it is not in his power to get agayne that is gone.
[Instrument.] Instrument semeth to be a part of facultie: for instrumentes sometyme are cause of oure hablenes to do a thinge: and it is a more mischeuous deede to kyl with venome thẽ with swearde. And to instrumẽt so nie is the manour of doyng, that almoste it is all one. But more properlye perteyne to the manour or fashion, those thynges that be eyther excused, or made greater by wyl: As lesse faute is it to fall into a vice by ignorance or frailtie, then of a purpose and full deliberacion.
The vse of circũstances profiteth to amplifie, to extenuate, to euidence, to confirmacion, and probabilitie.
And hytherto be referred also the [common places] that indifferentlye apperteyne to all kyndes and partes of causes, of the whyche Rodulphe entreateth, and Aristotle in his Topyckes. But before we speake of them, it is to be noted, that thys woorde place, is taken foure maner of wayes. They are called common places, because thei be entreated of, of bothe partes, althoughe not in all one cause: as he that is sore spoken agaynste by witnesses, swadeth that we shulde not geue credite to witnesses. Contrarye, he that is holpen by them speaketh in defence of wytnesses, and so of other that we spake of before, when we entreated of vnartificial argumentes. Lyke to thys sorte be sentences, whyche wee exaggerate as it were wythoute the cause, but so that they serue to the cause whiche wee haue in hande: as bee the amplificacions of vertues, and the exaggeracions of vices. As when wee accuse anye manne that by euyll companions he was broughte to do also the mischeuouse deede. ¶ A common place shall bee, wyth wordes to exaggerate howe much it profiteth to keepe goodnesse, to bee in companye wyth good men, and contrarye howe greate myschyefe the companye of euyll men dothe cause.
¶ In the third sence places be called seates of argumentes, whyche the Rethoricianes do applie to eche kyndes of causes: As in the kynde suasorie, honest, profitable, pleasaũt easye, necessarie. &c. In demonstratiue kynde, kynred, contrey, goodes of the bodye and of the mynde. In the Iudiciall kynde, inespecial deniall, those that we spake of euen nowe. The fourth places be general, whych declare what belongeth to euerye thynge, and howe oute of eche of them there be taken argumentes, partly necessary, and partlye probable. These be commen to the Oratours with the Logicians, albeit Aristotle hathe seperatelye written of them in hys Topickes; and in his Rethorickes hathe not touched thẽ, and they profite much both to iudgement, and to endightynge, but the varietie of authors hath made the handlynge of them sumwhat darke, because amonge them selues they can not wel agre, neyther of the names, neyther of the number, neyther of the order.
[Examples.] An example is a rehearsall of a thynge that is done, and an applyynge of it vnto our cause, eyther for similitude or dissimilitude, profitable to perswade, garnyshe, and delyght. Examples, some be taken out of hystories, some of tales, some of fayned argumẽtes, in comedies; and bothe sortes be dilated by parable and comparacion. Comparacion sheweth it equall, lesse, or bygger. Parable is a feete similitude, whych sheweth ye example that is brought, either like, vnlyke or cõtrarye. Lyke as Camillus restored the common wealth of the Romaines that was oppressed by the Frenchmen, and when it was brought into extreme losse, by theyr valiauntnesse expelled the Barbariens: So Valla, whan thorowe the ignorãce of ye Barbarians, learnyng was destroyed, restored it agayn, as it wer from death into hys former brightnes. Vnlike. As not lyke thanke is done to Laurence and Camillus, because that the one moued by vertue wyth the ieopardie of hys lyfe deliuered his contrey from the vngracious, that other styrred vp by desyre of fame, or rather wyth an euyll luste to checke manye, not restored agayn the lattẽ tong oppressed, but brought it as it were into certen rules. Cõtrary, Brutus kylled hys chyldren goyng about treason, Manlius punished by death the valiauntnes of hys sonne. [Comparacion] sheweth ye thing yt is brought, eyther equall, lesse, or bigger: Lesse, as our elders haue warred oftentymes, because theyr marchaũtes and mariners wer euyl entreated. What mynd ought you to be in, so many thousande citizens of Rome slaine at one message, and one time? Equall, as in the same Cicero. ¶ For it happed vnto me to stand for an offyce wyth two gentlemenne, that one very naughte, that other very gentle, yet ouercame I Catiline by dignitie, and Galba by fauoure. Bygger: As for Milo, they saye he shulde not lyue that confesseth he hathe kylled a man, when M. Horacius was quitte, whyche kylled hys owne syster.