Page:Arte or Crafte of Rhethoryke - 1899.djvu/82

 8o THE ARTE OR CRAFTE OF RHETHORYKE

whiche conteyneth the ryght or wronge of the dede. As in the ora- cion of Tully for Milo / the ftate is iuridiciall / for ope it was that Clodius was flayn / and that Milo flewe hym / but whether he kylled hym laufully or nat : is the co^trouerfy & ftate of the caufe / as I haue afore declared.

The preamble and narracion as afore.

The confirmation hath certayn places appropred thereto / but here mufte be marked that Itate negocyall is double / abiblute / and affumptyue.

State negociall abiblute is whan the thynge that is in controuerfy is abfblutely defended to be laufully done. As in the oracio/v of Tully for Milo / the dede is ityfly affirmed to be laufully done in fleyng Clodius / feynge that Milo dyd it in his owne [E v a] defence / for the lawe permitted to repell violence violently.

The places of confirmacyon in Itate abiblute are thele / nature / lawe / cuitome / equity or reaibn / iugeme^t / neceffity / bargayne or couenawt. Of the whiche places Tully in his oracio# for Milo briA/geth in the more parte to gyther in a clufter on this maner.

If reaibn hath prefcrybed this to lerned and wyfe me / and necef- fity hathe dryuen it into barbours and rude folke / & cuitome kepeth it among all nacions/and nature hathe planted it in bruyte beftes 1 / that euery creature fhulde defe;/de hym felfe and faue his lyfe and his body from all violence by any maner of focour / what meanes or way fo euer it were. You ca# nat iuge this dede euyll done / except you wyll iudge that whan men mete with theuys or murderers / they mufte eyther be flayne by the wepons of fuche vnthryfty and maly- cious perfones : eyther els peryffhe by your fentence gyuen in Judge- ment vpon them.

State affumptyue is whan the defence is feble of it felfe / but yet it may be holpen by fome other thynge added to it. And the places longynge to this ftate are grauntynge of the faute / remou- yng of the faute / or (as we fay in our tongue) layeng it from vs to an other / & tra//flatynge of the faute.

[E v b] Grauwtyng of the faute is whan the perfon accufed denieth nat the dede / but yet he defyreth to be forgyuen / & it hath .ii. places mo annexyd to it / purgation & deprecation.

Purgacion is whan he fayeth he dyd it nat maliciouf ly : but by

1 B. bruite beeftes.

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