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The deuision of States, or issues.

NOW that wee knowe what an Issue is, it is next most needefull, to shewe how many there are in number. The wisest and best learned haue agreed vpon three onely and no lesse, the which are these following.

    The state.

  1. Coniecturall.
  2. Legall.
  3. Iuridiciall.

AND for the more plaine vnderstanding of these darke wordes, these three questions following, expounde their meaning altogether.

  1. Whether the thing be, or no.
  2. What it is.
  3. What maner of thing it is.

IN the first wee consider vpon the rehearsall of a matter, whether any such thing bee, or no. As if one should bee accused of murther, good it were to knowe, whether any murther were committed at all, or no, if it bee not perfectly knowne before: and after to goe further, and examine whether such a man that is accused, haue done the deede, or no.

In the second place we doubt not vpon the thing done, but we stand in doubt what to call it. Sometimes a man is accused of Felony, and yet he proueth his offence to be but a trespasse, whereupon he escapeth the daunger of death. An other beeing accused for killing a man, confesseth his fault to bee manslaughter, and denieth it vtterly to bee any murther, whereupon hee maketh friends to purchase his pardon. Now 90 The arte of Rhetorique. the Lawyers by their learning, must iudge the doubt of this debate, and tell what name he deserueth to haue, that hath thus offended.

In the third place not onely the deed is confessed, but the maner of doing is defended. And if one were accused for killing a man, to confesse the deede, and also to stande in it that hee might iustly so doe, because he did it in his owne defence: whereupon ariseth this question, whether his doing be right or wrong. And to make these matters more plaine, I will adde an example for euery state seuerally.

The Assertion.The Answere.The State or Issue.
Of the state coniecturall. Thou hast killed this man. I haue not killed him. Whether he hath killed this man, or no. Thus we see vppon the auouching and deniall, the matter standeth vpon an Issue.
Of the state Legall. Thou hast committed treason in this fact. I denye it to be Treason. Whether his offence done may be called treason, or no. Here is denyed that any such thing is in the deede done, as is by word reported, and said to be.
Of the state Iuridicial. Thou hast killed this man. I graunt it, but I haue done it lawfully, because I killed him in mine owne defence. Whether a man may kill one in his owne defence, or no, and whether this man did so, or no.

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