In this section Isidore borrows from Cassiodorus almost without change in the wording. In one case he has made a serious blunder in copying: the subdivisions that Cassiodorus places under qualitas, Isidore has placed under finis. (Cass., De Rhet., Halm, p. 496.)
[196] “When an act that is imputed to a person is denied by another” (2, 5, 3), and the balancing of evidence is the method of deciding.
[197] “When it is maintained that the act that is the matter of accusation is not that [specified], and its nature is shown by the use of definitions.” 2, 5, 3.
[198] “In which the nature of justice and right and the abstract grounds of reward and punishment are gone into.” 2, 5, 5.
[199] Term left undefined.
[200] “Which of itself offers no satisfactory ground for defence but seeks for defence beyond its own limits.” 2, 5, 5.
[201] “When the accused does not deny the act but demands that it be pardoned.” 2, 5, 6.
[202] “When the deed is confessed but guilt is denied” on the ground of ignorance, accident, or necessity. 2, 5, 8.
[203] “When the accused confesses that he has committed the wrong and has done so purposely, and still demands that he be pardoned, which kind can be of very rare occurrence.” 2, 5, 8.
[204] “When the accused endeavors energetically to divert the charge made against him from himself and his guilt to another.” 2, 5, 6.