IS there than any thynge els yt must
[e tryed] and iudged in this cause saue
this: whether of them bothe beganne the
fraye and entended to murder the tother?
No surely. So that yf it can be founden
that Milo went about to distroye Clodi-
us / than he be punysshed therefore accor-
dyngly. But yf it can be proued that Clo-
dius was the begynner and layed wayte
for to slee Milo / and so was the sercher of
his owne dethe / and that what Milo dyd
it was but to defende hym selfe frome the
treason of his enemy and the sauegarde of
his lyfe: that than he may be delyuered
and quyt.
¶ Of confirmacion.
THe confirmacion of the accu-
ser is fetched out of these pla-
ces / wyll / and power. For these
two thynges wyll cause the persone that
is accused to be greatly suspect that he had
wyll to do the thyng that he is accused of /
and that he myght well ynoughe brynge
it to passe.
¶ To proue that he had wyll therto: you
must go to .ii. places. The one is ye qualite
of the persone / & the other is the cause that
meuyd him to the dede. The qualitie of the
person is thus handled. First to loke what
is his name or surname / and if it be nough[-]
ty to saye that he had it nat for nothynge:
but that nature had suche pryue power in
men to make them gyue names according
to the maners of euery person. Than next
to behold his contrey. So Tulli in his ora[-]
cion made for Lucius Flaccus / to unproue
the witnes that was brought against him
by Grekes / layeth vnto them the lightnes
of theyr contrey. This (sayeth Tulli) do I
say of the hole nacion of Grekes. I graūt
to them that they haue good lernyng / and
the knowlege of many sciences. Nor I de-
nye nat but that they haue a pleasant and
marueylouse swete speche. They are also
people of high and excellent quicke wyt / &
thereto they be very facundiouse. These &
suche other qualities wherein they booste
thē selfe greatly: I wyll nat repyne agaīst
it that they bere the maistry therein. But
as concernyng equitie and good consciēce /
requisite / in berynge of recorde / or gyuyng
of any wytnes / & also as touchynge faith-
fulnes of worde and promyse: truely this
nacion neuer obserued this property / nei-
ther they knewe nat what is the strength /
auctoritye / and weight therof.
¶ So to Englysshmen is attributed sūp-
tuousnes in meates & drinkes. To French
men / pryde / & delyte in new fantasyes. To
Flemmynges and Almaynes / great dryn-
kyng / & yet inuētife wittes. To Britayns /
Gascoignes / and Polones / larrecine. To
Spanierdes / agilitye. To ytaliens / hygh
wyt and moche subtilty. To Scottes / bold[-]
nes / to Irissh men / hastines. To Boemes
valiauntnes and tenacite of opinions. &c.
¶ After that to loke on his kynred / as yf
his father or mother or other kynne were
of yll disposicion / for as the tree is: suche
fruite it bereth.
¶ On this wyse dothe Phillis entwyte
Demophon / that his father Theseus vn-
curteysly and trayterously lefte his loue
Ariadna alone in the desert yle of Naxus /
& contrary to his promise stale from her by
nyght / addynge Heredem [patria] perfide frau-
dis agis. That is to saye / vntrew and false
forsworne man / thou playest kyndely the
fathers heyre / in deceytable begylynge of
thy true louer.