The art or crafte of rhetoryke
Cox, Leonard, fl. 1572., Melanchthon, Philipp, 1497-1560. Institutiones rhetoricae. aut

¶ These are the wayes whereby an oratour shall proue that the persone accused had wyll to the thynge that is layd to his charge.

TO proue that he might do it: ye must go to the circumstance of the cause / as that he had leyser ynough thereto / and place conuement and strength withall. ¶ Also you shall proue it by signes / whiche are of mer∣uaylouse efficacye in this behalfe / where∣fore here must be noted that sygnes be ey∣ther wordes or dedes that either did go be∣fore or els folow the dede. As Tully in his oracion now often alleged argueth against Clodius by signes goynge afore the dede / as that Clodius sayd thre dayes afore Mi¦lo Page  [unnumbered] was slayne: that he shulde nat lyue thre dayes to an ende. And that he went out of the city a lytle afore Milo rode furth with a great companye of stronge and mysche∣uous knaues.

¶ Signes folowynge are as yf after the dede was done he fled / or els whan it was layed to his charge: he blusshed or waxed pale / or stutted & coulde nat well speke.

¶ The contrary places (as I sayd afore) long to the defender / saue that in signes he must vse. ii. thinges / absolucion & inuerciō.

¶ Absoluciō is wherby the defendour she∣weth that it is laufull for hym to do that what the aduersary bringeth in for a signe of his malice.

¶ Erample.

¶ A man is founde couerynge of a dede bo dy / & therupon accused of murder / he may answere that it is laufull to do so for ye pre seruacion of his body from rauons & other that wolde deuoure hym / tyll tyme he had warued people to fetche and bury hym.

¶ Inuereion is wherby we shew that the signe whiche is brought agaist vs: maketh for vs. As I wolde nat haue taryed to co∣uer hym yf I had done the dede my selfe: but haue fled and shronke a syde into some other way for feare of takynge.