The mysteries of love & eloquence, or, The arts of wooing and complementing as they are manag'd in the Spring Garden, Hide Park, the New Exchange, and other eminent places : a work in which is drawn to the life the deportments of the most accomplisht persons, the mode of their courtly entertainments, treatments of their ladies at balls, their accustom'd sports, drolls and fancies, the witchcrafts of their perswasive language in their approaches, or other more secret dispatches ...

CAP. 33. Testimony from humane Law and Sentences.

Q. What be the kindes of humane testimony?

A. Humane testimony is common or proper.

Q. What is common?

A. Law, and a famous sentence.

Q. What is a legal testimony?

A. Legal testimony is both unwritten and written.

Q. Bring forth authority for this?

A. Pro Mil. for there is (O ye Judges) a law not written, but born with us; which we have not received, learned, read; but taken, drawn, expressed from nature: as if our life should be in some hazard, force, danger, either of thieves or enemies, all honest reason were to be sought of safety; but if the twelve tables will have the night thief, yea, the day thief too, if he defend himself after any manner, killed with∣out punishment; who is there that will think him that is slain to be punished, when as there is a sword reached to us, to kill that man, by the lawes themselves.

Q. What are famous Sentences?

A. Proverbs.

Q. Give example?

A. They be such as these: Pares cum paribus facilime con∣gregantur. Spartam nactus es, hance ex orna.

Q. What may farther be under this head?

A. Sayings of Wisdom also.

Q. Give example?

A. Nosce teipsum. Nequid nimis. Sponde praesto ad detri∣mentum.

Q. What is proper testimony?

A. Such as this of Plato 1. ad Quint. frat. And then truly Plato the prince of Wisdom and Learning thought those

Commonwealths blessed, if either learned and wise men governed, or those that did govern, placed all their study in wisdom and learning.

Q. Proceed to further example?

A. Such were in the Poets, Aeneid. 4. Learn justice and admonitions, and contenm not the rich. So in Homer.

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Ajax led out of Salaminus twelve ships.

The Magatenses were overcome by the Athenians.

Q. What are the testimonies of the living?

A. Testimonies of the living, are not onely when it is in∣quired of ground, felling of wood, and such like business, but also there are testimonies of obligation, confessing oath.

Q. Give an example of obligation?

A. Phil. 5. For I dare binde my faith (P. C.) to you and the people of Rome, that truly when no force constrained me, I durst do; and I feared an opinion of timerity, in a thing greatly hurtful: I promise and swear (P. C.) to become alwayes such a citizen to Caesar as he himself is, and as we ought chiefly to wish or desire.

Q. Have we not an obligation set forth sometimes with a pledge?

A. Yes. Virg. Aeglog. 3.

Wilt then by turns, we hand to hand do try, What either can, and prove each by our deed; I'le pawn this heifer, (which lest thou deny) She twice hath come already to the pail, And two twins suckles: at this time now say, What pawn thou'lt gage with her to countervail.

Q. What are the kindes of confession?

A. Confession is free or extorted by torments.

Q. What is this latter properly called?

A. A question.

Q. Give example?

A. Such an argument there is against Milon whom Cicero derided. Go to then, what, or how is the question? How? Where was Roscius? Where was Casca? Doth Clodius lay snares for Milon? He hath done, surely the gallows. He hath done nothing.

Q. What further may be reduced hitherto?

A. Hitherto may be referred the argument which we

used when we bring fourth our approbation, and experience of our affirmative.

Q. Give example?

A. Ver. 4. Even Volcatio if he had come freely, would he have given a little book? he shall come, he shall be tried; no man truly receiveth it. Ter. Spend thy time in letters, in the woods, in musick; it is meet for youth to know these li∣beral things, I will give diligence.

Q. Give a Poetical example?

A. Ovid. Trist. 3.

The which that thou mayest better credit me, Try thou my pains, believe it then to be.

Q. Give an example also of the testimony of an oath.

A. Aeneid. 6.

I swear by th' gods, and all in earth unseen, I have departed from thy shore, O queen.

Q. This reciprocation seemeth to be more obscure, as because the testimony is true, the witness is also true?

A. So it is. And thus much sufficeth to have spoken of Invention, the first part of the Science Logick.