Page:Arte or Crafte of Rhethoryke - 1899.djvu/87

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Men I. iv it is a law in Calcys that no ftraunger may go vppon the towne walles on paync of dcthe. Now then pofe that in tyinc o( \\.irrc the towne beynge harde beiieged / an alien dwellyi.. the towne getteth hym to the walles arnongc the fouldiers / & doth more good than any one ma* agayn. Now after the fiegc ended he is accufed for tra//fgre(Tyng of the lawe / which in wordes it eui- dently again It him. Hut here the dcfendaunt mult declare the wryters mynde ly m mult. mures / what Itraungcr he dyd forbyd / and what ty me / and after what maner / and in what intent ( i he wolde nat haue any itraunger to come on the walles / \ m what intent his mynde might he vnderftandcn to luffrc an alien to go vpon the walles. And here mult the cffcctc of the ftraturgers wyl be declared/ that he went vp to defend the towne to put back their enemies. And therto he mult f.iv that the maker was i. vndilcrete & vnreafonable that he wolde haue no maner of excep- cion which fhuld be to the welth / profile / or preferuacion of the towne. For he that wyl nat haue the law to be vnderftande* accor- dyng to equitie/ good maner / & nature / entendeth to prouve the maker therof either an vniuft man / or folyfl'he or enuioufe.

The acculer contraryly 1'hall prayfe the maker of the law for his great wifdom / for his playne writyng without any maner of ambi- guity / that no ftrauwger fhulde prrfume to go vpon the walles/ & reherce the lawe word for worde / & tha/r fhew fore' reafonable caufe that mouyd the maker of Me law that he wolde vtterly that no itrau//ger 1'huld afcend the walles. &c. Example of the fecod.

A man in his tel lament gyueth to two yonge dough ters that he hathe two hundred i'hepe / to be delyuered at the day of thcyr mar- yage / on this maner. td^" I wyll that myne executoures fhaJl gyue to my doughters at the tyme of theyr maryage [F ii a] euery of them an hundred fhepe/fuche as they wyll. At the tyme of maryage they demaunde theyr rattell / whiche the executours deliuer nat of fuche fort as the mayde//s wold / wherupo the co^rtrouerfy arileth. For the executours fay they are bounde to delyuer to cuery of them an hundred fhepe / fuche as they that be the executours wyll. Now here ftandeth the dout / to whom we fhall refcrre this worde they / to the doughters / or to the executours.


 * B. foro.

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