THe confirmacion hath certayn
places appropred thereto / but
here must be marked that state
negociall is double / absolute / & assūptyue.
¶ State negociall absolute is whan the
thynge that is in controuersy is absolute-
ly defended to be laufully done. As in the
oraciō of Tulli for Milo / the dede is styfly
affirmed to be lawfully done in sleyng Clo[-]
dius / seynge that Milo dyd it in his owne
defence / for the law permitteth to repell vi-
olence violently.
¶ The places of confirmacion in state ab[-]
solute are these / nature / law / custome / equi[-]
ty or reason / iugemēt / necessity / bargayne
or couenant. ¶ Of the whiche places Tul[-]
ly in his oracion for Milo bryngeth in the
more parte to gyther in a cluster on this
maner.
IF reason hath prescrybed this to ler-
ned and wise men / and necessity hath
dryuen it into barbarous and rude folke / &
custome kepeth it among all nacions / and
nature hathe planted it in bruite beestes /
that euery creature shuld defende hym selfe
and saue his lyfe and his body from all vi-
olence by any maner of socour / what mea-
nes or way so euer it were. you cā nat iuge
this dede euyll done / except you wyll iudge
that whan men mete with theuys or mur-
derers / they must either be slayne by the
wepons of suche vnthryfty and malicious
persones: either els perysshe by your sen-
tence gyuen in iugement vpon them.
¶ State assumptiue is whan the defence
is feble of it selfe / but yet it may be holpen
by some other thynge added to it. And the
places longynge to this state are graun-
tynge of the faute / remouynge of the faut /
or (as we say in our tongue) layeng it from
vs to an other / & [tanslatynge] of the faute.
¶ Grauntyng of the faut is whan the per[-]
son accused denieth nat the dede / but yet he
desyreth to be forgyuen / & it hath .ii. places
mo annexyd to it / purgacion & deprecaciō.
¶ Purgacion is whan he sayeth he dyd it
nat maliciously: but by ignorāce or mishap
whiche place Cato vseth ironiously in Sa[-]
lust / thus. My minde is that ye haue pyty
with you / for they that haue don amysse be
but very yonge men / and desyre of honour
draue them to it.
¶ Deprecaciō is whā we haue non excuse:
but we call vpon the Iustices mercy. The
handelynge whereof Tulli wryteth in his
boke of inuencion thus.