The Art of Rhetoric, Book 1 · Part · Section 28 – Section 29
¶It is profitable.
AFter we hauehave perswaded our frend, that the lawe is honest, drawyng our argumētes frō the heape of vertues, we must go further with hym, & bryng hym in good beleue, that it is very gainfull. For many on seke not the knowlege of learnyng for the goodnesse sake, but rather take paines for the gain▪ Hope of rewarde maketh men take paines.which thei se doth arise by it. Take awaie the hope of lucre, and you shall se fewe take any paines: No, not in the vineyard of the lorde. For although none should folowe any trade of life, for the gain sake, but euē as he seeth it is moste necessary, for thaduauncement of Gods glory, & not passe in what estimacion thinges are had in this worlde: yet because we are all so weake of wit, in our tēder yeres, that we cannot weigh with our selfes what is best, & our body so neshe, that it loketh euer to bee cherished, wee take that, whiche is moste gainfull for vsus, and forsake that altogether, whiche we oughte moste to folowe. So that for lacke of honest meanes, and for want of good order, the best waie is not vsed, neither is Goddes honor in our first yeres remembred. I had rather (saide one) make my child a cobler then a preacher, a tankerd bearer, then a scholer. For what shall my sonne seke for learnyng, when he shall neuer gette therby any liuyng? Set my sonne to that, whereby he maie get somewhat? Do ye not se how eueryevery one catcheth & pulleth frō the churche what thei can? I feare me one day thei will plucke doune churche and all. Call you this the Gospell, when men seke onelyonly to prouide for their belies, & care not a grote though their soules go to helle? A patrone of a benefice wil hauehave a poore yngrame soule, to beare the name of a persone for .xx. marke, or .x. li: and the patrone hymself, wil take vp for his snapshare, as good as an .c. marke. Thus God is robbed, learnyng decaied, England dishonored, and honestie not regarded. Thold Romaines not yet knowyng Christ,The Romaynes lawes for Churche digni…ees. and yet beyng led by a reuerēt feare towardes God, made this lawe. Sacrum sacroue commendatū qui clepserit, rapseritue, parricida est He that shall closely steale, or forcibly take awaie that thyng, whiche is holy, or geuen to the holy place: is a murderer of his coūtrey. But what hauehave I said, I hauehave a greater matter in hand, then wherof I was a ware, my penne hath run ouer farre, when my leasure serueth not, nor yet my witte is able to talke this case in suche wise, as it should bee, and as the largenesse therof requireth. Therefore to my lawyer again, whom I doubte not to perswade, but that he shall hauehave the deuill and all, if he learne a pase, and dooe as some hauehave dooen before hym. Therefore I will shewe howe largely this profice extendeth, that I may hauehave him the soner, to take this matter in hand. The laweLawe, profitable to the purse. therefore not onelyonly bryngeth muche gain with it, but also auaunceth men bothe to worshippe, renoume, and honour. All men shall seke his fauour, for his learnyng sake: the best shall like his cōpany, for his callyng: and his welth with his skill shalbe suche, that none shalbe able to woorke hym any wrong. Some consider profite, by these circumstaunces, folowyng.
To whom.
When.
Where.
Wherefore.
NEither can I vse a better order, then these circumstaunces minister vntounto me.Circumstaunces, in obseruyng profite. To whom therefore is the Lawe profitable? Marie to them that bee best learned, that hauehave redy wittes, and will take paines. When is the lawe profitable? Assuredly both now and euermore, but especially in this age, where all men go together by the eares for this matter, and that matter. Suche alteracion hath been heretofore, that hereafter nedes muste ensue muche altercacion. And where is all this a do? Euen in litle Englande, or in Westminster hall, where neuer yet wanted busines, nor yet euer shall. Where…e is the lawe profitable? Undoubtedly because no manne could hold his awne, if there were not an order to staie vsus, and a Lawe to restrain vsus. And I praie you who getteth the money? The lawyers no doubt. And were not lande sometymes cheaper bought, then got by the triall of a lawe? Do not men commonly for trifles fall out?Foly in many, that go to the Lawe. Some for loppyng of a tree, spē des al that euer thei hauehave, another for a Gose, that graseth vponupon his ground, tries the lawe so hard, that he proues him self a Gander. Now when men bee so mad, is it not easie to gette money emong theim. Undoubtedly the lawyer neuer dieth a begger.Lawyers, ne…r dy beggers And no maruaill. For an .C. begges for hym, and makes awaie all that thei hauehave, to get that of hym, the whiche the oftener he bestoweth, the more still he getteth. So that he gaineth alwaies, aswell by encrease of lernyng as by storyng his purse with money, wheras the other get a warme sonne often tymes, and a flappe with a foxe … for al that euer thei hauehave spent. And why woulde they? Tushe, if it were to do againe, thei would do it: therfore the lawyre can neuer want a liuyng, til the yearth want men, and al be voyde.
¶The lawe easie to many, and harde to some.
I Doubt not, but my lawyer is perswaded that the law is profitable: now must I beare him in hād that it is an easie matter to become a lawier▪ the whiche if I shalbe able to proue, I doubt not, but he will proue a good lawier, & that right shortly▪ the law is groūded vponupon reason. And what hardenesse is it for a man by reason to fynde out reason. That can not be straung vntounto him, the grounde wherof, is graffed in his brest. What, though the lawe be in a straunge tongue, the wordes may be gotte without any paine, when the matter selfe is compast with ease. Tushe, a litle lawe will make a greate showe, and therfore though it be muche to becomme excellent, yet it is easie, to get a taist. And surely for getting of money, a litle wil do asmuche good oftentymes, as a greate deale. There is not a word in the law, but it is a grote in ye lawiers purse. I hauehave know …e diu…rse that by familiar talkyng, & moutyng together hauehave comme to right good learning without any great booke skil, or muche beating of their braine by any close studie, or secrete musyng in their chāber. But where some say the lawe is very harde, and discourage young men from the studie therof, it is to be vnderstande of suche as wil take no paines at al, nor yet mynde the knowlege therof. For what is not hard to man, when he wanteth wil to do his best. As good slepe, and saie it is harde: as wake, and take no paines.
The lawe.
Godly.
Iuste.
Necessarie.
Pleasaunt.
WHat nedeth me to proue the lawe to be Godly, iust, or necessarie, seeyng it is grounded vponupon Goddes wil, and all lawes are made for the maintenaunce of iustice. If we will not beleue that it is necessarie, let vsus hauehave rebelles againe to disturbe the Realme. Our nature is so fonde that we knowe not the necessitie of a thyng, til wee fynde some lacke of the same. Bowes are not estemed as they hauehave bene emong vsus Englishmen, but if we were ones well beaten by our enemies wee shoulde soone knowe the wante, and with feelyng the smarte lament muche our folie. Take awaie the lawe, and take awaie our lifes, for nothyng mainteineth our wealthe,L…wes mainteine lyfe. our health, & the sauegard of our bodies, but the lawe of a Realme, wherby the wicked are condempned, and the godly are defended.