veste Dianam Praedafuit canibus non minus ille suis. Scilicet in superis etiam fortuna luenda est nec veniam laeso numine casus habet In like maner Tully reporteth in his thirde booke de natura deorum what good fortune befell Iason Phaereus who hauing an impostume as hée thought incurable went to fight with purpose to dye but with a wound his impostume was opened a thing which neyther himselfe nor his phisitians euer imagined Héere then was fortune on eyther side in Iason that was wounded and in him that gaue him the wound good in the first bad in the second For the enemies weapon was by fortune a cause of Iasons vnexpected health whereas death was desired of the one and intended by the other for he that gaue the stroake thought rather to make a new wound than cure an olde disease This is fortune with Aristotle Nowe on the other side if a thrée-footed stoole should fall from aloft and yet in falling stand on his féete this with him is chaunce for the stoole fell for no such ende and it is a thing altogether sencelesse Epicurus said that the world was made by the casual concourse and mixture of litle round indiuisible bodies like moates in the funne whose ridiculous blasphemy Tully mocketh not without deserued cause 2. de nat deorum for so if a man shoulde by chaunce cast abroad an hundred thousand or more of characters or Printers stampes hée might as well reade on the ground all saint Austins woorkes or Cowpers dictionary by the casuall scattering of A. B. C. These bée examples of chaunce with Aristotle not of fortune But it is folly tâ—… stand vpon this nice and friuolous distinction of Chaunce and Fortune sith in common spéech they be taken all as one and so they bée héere to bée vnderstoode In this kinde of cause ignorance and vnwitting simplicitie haue place as I sayd before whereof come excuses and supplications when a man pleadeth ignorance and therefore hopeth to finde pardon as Tully for Ligarius Ignosce pater errauit lapsus est non putauit si vnquam posthac And againe Erraui temerè feci ad clementiam tuam confugio delicti veniam peto vt ignoscasoro But indéede this name of Fortune Chaunce Hap or Hazard was onely inuented by such as knewe not the first cause Gods prouidence And therefore when any thing fell out contrary to theyr expectation whereof they neyther vnderstoode the cause nor could yéeld any reason they said it came by chaunce fortune and hazarde Wherevpon Fortune was made a goddesse of good luck and many christians vse these prophane tearmes God send mée good lucke and good fortune Whose idle prayers bée noted by an Ethnike Poet. Nullum numen abest si sit prudentia sed te Nos facimus fortuna deam caeloque locamus Aristotle calleth Fortune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 improuidum incertum dubium humano iudicio ambiguum and yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vt diuinum quiddam beatum Canons incident to causes generally God onely is the first and principall cause of all thinges All other causes whatsoeuer are secondary and subiect so his eternall direction Nothing is without a cause If all the causes concurre the effect will followe To whatsoeuer thing you ascribe the cause or deny the cause to the same you attribute or deny the effect or thing caused Such as the cause is such for the moste part is the thing caused this holdeth not in destroying causes Particuler Canons of the efficient When many efficient causes ioine and concurre together in any action as the principall cause with other helpers and instrumentes there they all ioyntly together bée onely the full and perfect efficient cause of that effect Cause naturall voluntary accidentall violent God hath distributed to euery creature some naturall proprieties vertues and operations If the naturall vertue and propertie of any thing bée affirmed the naturall effect will follow vnlesse that naturall facultie bée otherwise let or hindered and if the effect bée the cause must also haue gone before If will and aduise or deliberation bée then the effect may bée Such as the naturall disposition and will is suche is the effect iudged to bée If the cause be in hazard that is if the cause bée to vs vncertaine and vnknowne then may the effect fall out vncertainely and by hazard or when wée looke not for it Alone and with others If the sole cause woorke continually the thing caused is alwayes if not then otherwise if the efficient doo necessarily require the helpe of others in woorking then without them nothing can bée doone if not then otherwise if it woorke by instrumentes then are those instrumentes required If the efficient woorke alone then it dserueth the more either prayse or condemnation if with others then the lesse so Nisus 9. Aeneid accuseth himselfe and excuseth Euryalus Me me adsum qui feci in me conuertite ferrum ô Rutuli mea fraus omnis nihil iste nec ausus Nec potuit Procreant conseruant No efficient cause except God can make any woorke without matter Hinc illud gigni E nihilo nihil in nihilum nil posse reuerti And if the matter bée the woorke may bée made If the procreant and conseruant cause bée the thing may bée procreated and conserued If the vndooing and destroiyng cause bée then must the thing decay If the cause efficient bée good the effect will bée good and bad if bad If the destroying cause bée good the thing destroyd was bad If the thing destroyed bée bad the cause destroying must bée good yâ— is to say hath doon some good hath brought some profit The efficient may bée expressed by variety both of Grammaticall cases and Rhetoricall figures as in procreant causes God is the father and fountayne and well of all goodnes The beginning of euery good thing is in of and from God From procreant causes the Poets doo oftentimes fetch their epithites circumloqutions as Sole satus Phaeton c. Phaeton borne of the sunne If you put downe or take away that is if you affirme or deny the cause efficient procreant and conseruant in tyme fit and conuenient to woorke and béeing not idle then the effect must bée put downe or taken away but diuersly according to the diuersitie of the causes themselues For If such a cause bée as that it woorketh of his owne proper force plainly and certainly no other thing helping it then must the effect follow certeinly Now let vs sée a little the vse of these Canons in comparison of the plaine definitions and explications of proprieties put downe by Ramus Let this serue for an example He that is idle is wanton But Paris is idle Therefore Paris is wanton In the proposition which is the first axiome of the thrée Idlenesse as a procreant cause doth argue Wantonnesse as his effect In the second axiome which maketh the assumption the same Wantonnesse is an adiunct of Paris that is a
a thing caused For first the finall cause the end purpose intent drift marke or scope as it were of the whole action is propounded to the efficient and so vrgeth and mooueth him to prepare the matter and apply the forme therevnto for the full accomplishing of the enterprise which beeing once performed the efficient cause now ceaseth as hauing obteined that it sought for And this béeing thus atchieued is not the finall cause but the thing caused As for example I purpose to sweate and therefore I daunce héere the sweating is not the finall cause but the intent and purpose which I had to sweate is the cause that mooued mée to daunce and so caused mée to sweate which sweating is the thing caused and although in vulgar spéech the vse of a thing and the end of the same thing bée confounded yet by art and reason they should bée distinguished the one a cause the other a thing caused If any man obiect that if wée say the end is onely the purpose of the efficient then this place will bée restrained to such things onely as vse reason and can purpose where all Logike must bée generall and applyable as well to Non ens as to Ens to that which is not as that which is they aunswere that wée néede not take this woord purpose or deliberation so strictly as to apply it onely to reasonable creatures but generally say that euery thing woorketh for some end and purpose whether it bée by natures instinct or voluntary consultation Or if this séeme more philosophicall then religious wée may say that in all artificiall thinges and such naturall things as haue no deliberation that which wée call the ende is but the thing caused by them and the cause finall is the purpose of God in naturall thinges and the intent of the artificer in things that bée artificiall Et finis mouet efficientem cogitatio de fine finis vt obiectum cogitatio de fine vt adiunctum agenti inhaerens sayth Piscator Some others make the finall cause to bée nothing but a part of the efficient and no distinct cause it selfe sith it onely mooueth the efficient to forward the operation The end is chiefe or subordinate chiefe which the efficient desireth for it selfe as the couetous man Riches and it is either vniuersall to the which all thinges in the world generally be referred as Gods glory or speciall whervnto euery thing in his kinde is referred as the house is the ende of the builder for hée séeketh no further Subordinate is that which is not for it selfe desired but referred to the chiefe end Canons If the ende bée then the thing must also be whose ende it is and if the ende cease to bée then the thing whose ende it was can no longer bée Euery thing is referred to his ende The end dooth eyther allow or disallow euery mans action Or thus that is good whose end was good and contrarily Sic Aristotle 3. Rhet. Laco cum rationem de Ephoratu in iudicio redderet rogatus an ipse alios iure perijsse existimaret assensus est Ille verò nonne haec tu cum illis decreuisti ille assensus est nonne igitur tu inquit peribis Minimè verò inquit illi enim pecunijs acceptis haec commiserunt ego verò nequaquam sed ex sententia The end is more to bée desired than those things that bée referred to the end He that séeketh the ende séeketh also those things that bée referred to the same end All the arguments that common Rhetoricians fetch from Honestum and Vtile are for the most part deriued from the end or finall cause sith for the cause of these two most things are enterprised In like maner the gesses and coniectures of Iudges are fet from the end as hée was most like to woorke the mischiefe who might haue any end or profit in practising of the same Whose vse is good that is good but not contrarily the thing is bad because it is abused The end dooth not alwaies follow the efficient cause eyther because the efficient could not accomplish the thing alone or els because hée would not Theloall lib. 7. cap. 2. Le finall intent del chescun que pursuyte briefe est ou a recouerer seisin ou possession de terre ou tenement ou d'auer â—…hose dont home peut auer heritage ou franktenement ou terme ou d'auer remedy et recoÌ„pence pur iniury et damage a luy auenue per le act ou non feasance d'un auter ou pur le non performance des contracts et obligations ou auters parts et causes que sont come contracts Home vient pur auower son atturney cest presence ne serra dit apparance car son intent ne fuit d'apperer al briefe c. 8. H. 7. 8. Abuses of causes Sophistry as I haue said elswhere is no Logike therefore least I should iniury the art by ioyning sophisticall fallacians with Logicall institutions I haue rather reserued them to these annotations then thrusted them in among the precepts Some vse I confesse there may bée had of them although I know that who so throughly perceaueth the truth of this art néedes to séeke no other meanes to auoyde these deceipts sith RectuÌ„ est index sui obliqui But if wée shall put downe euery thing in Logike which hath any litle shew of profite therevnto Grammer will be good Logike because it helpeth vs to vtter yâ— which wée haue Logically conceaued The woord Sophista was at the first a title of commendation and onely applyed vnto him that was a Philosopher or teacher of wisedome But now it is become odious as Tyrannus and such like Sophistry therefore is the abuse of Logike deceiuing the simple with a glorious shew of counterfeit reasons commonly called Fallacians Fallacians bée eyther in the woord or in the reason Fallacians in the woord bée of two sorts some in a simple woord some in the coniunction of woordes In a simple woord bée three The first is when vâ—…uall and vpstart woordes bée foisted in as hée putteth his felicitie in circumpugnable goods circumpugnabilibus bonis meaning Riches because men fight about them Le seignieur des Accords in his Bigarrures pag. 198. hath many of this making although somewhat more tollerable because of the ridiculous application Ils font saith hée speaking of some French Carminiâ—…cators de petitelettes descriptionettes qui soÌ„t fort agreabletets aux oreillettes delicatelettes principallettement des mignar delettes damoisellettes Come Ma nymphe follastrelette Ma follastre nymphelette And after Ie vous vens une goutette Vne goute clairelette Vne claire goutelette Qui vient d'une fontenette Miguarde fontenelette Fontaine mignardelette c. And page 65. of another sputatilicall goose he saith thus Un certayne predicant qui veuloit Pindariser en chaire et choisir des mots courtisans pour applaudir a quelques damoiselles fraischemeÌ„t reuenues de la cour auoit coustume â—…e â—…uenter
force de plusours fayts Annotations THis argument of the thing caused conteyneth not onely déedes and woorkes but also thoughtes and woordes counsayles and deliberations and all motions whatsoeuer Parmenio the father and Philotas the sonne were both put to death for suspicion of treason against Alexander Where their cogitation and compassing of their Souereignes death were such effectes as were plagued by death For like occasion also were Lentulus Cethegus and other complices of Catyline brought to confusion Yet when sayinges writinges counsayles and deliberations bée brought in as testimonies then are they argumentes borrowed assumpta aliunde Canons Wée commend men by their causes and adiuncts as for their noble auncestors great possessions c. but especially by reason of their effectes as for that they did this or this c. Nam genus proauos quae non fecimus ipsi Vix ea nostra voco And as for Riches perinde sunt as hée that vseth them good if hée apply them well bad if otherwise If the thing caused bée then the cause eyther is or was but not alwayes contrarily Such as the thing caused is such commonly is the cause That which is attributed or not attributed to the thing caused must bée applyed or not applyed to the cause Fit Cor. 22. E. 3. p. 26. Thorpe recita coment vn gaoler vient al gaole oue vn lanterne en sa maine a veier ses prisoners queux auoyent debruse lour fers et estoyeÌ„t touts prests d'auer occise luy et batoyent et naufroyent luy malement mes il auoyt vn hatchet en sa maine oue quelle il occist trois de eux et puis eschapa et fuit aiudge per tout le counsell que il auoyt bien fayt Stanford lib. 1. ca. 9. Nota que en auncient temps la volunt fuit cy materiall que il fuit repute pur le fait Fit Cor. 15. E. 3. P. 383. ou vn compassant le mort d'auter luy naufraâ—…y gréeuousement que il luy lessa giser pur mort et pius s'enfua et l'auter reuiua et non obstant fuit aiudge felony 〈◊〉 quant sa volunt apiert cy ouertment de luy auer tue voluntas reputabitur pro facto et oue ceo accorda Bracton qui dit In maleficijs spectatur voluntas non exitus nihil interest vtrum quis occidat an causam mortis praebeat Mes le ley n'est issint a cestiour Car il doyt morir en fayt auant que il serra aiudge felony Et si home ferist auter oue intent de luy bater mes nemy a luy tuer vncore sil morust de tiel bater il est felony en luy que ferist perque a cest iour home peut conuerter le dit tert de Bracton et dire que Exitus in maleficijs spectatur non voluntas dundaxat Elenchs Martiall vseth this argument sophistically in his first booke Extemporalis factus est meus Rhetor Calphurnium non scripsit salutauit As though this were an affect of an extemporall Rhetor to salute a man by name without premeditation But here hys meaning was to bée merry in taunting the man for his ill memory who could skarce remember his familiar friendes name vnlesse hée had written it before and learned it without booke The sixt Chapter Of the whole part generall speciall HItherto of the first diuision of argumentes fully agréeable in the cause and the thinge caused Now followeth the second Secondly therefore the argument fully agréeable is eyther the whole and his part or els the generall and his speciall The whole is that which conteyneth partes the part is that which is conteyned of the whole The whole is integrall or vniuersall The whole integral is that which hath his essence or béeing of the partes as Logike hath two partes exposition of argumentes and disposition of the same and of these two parts the whole essence and nature of Logike confisteth So a messuage is made of two partes del terre et structure And héere the part is called a member and is that which giueth essence to the whole as Exposition and Disposition in respect of Logike terre and structure in respect of a messuage The whole vniuersall called the general is such a whole as giueth the essence or béeing to his specials as an Inherent argument is the generall conteyning originall arguments and those yâ— are secondary as his specials For here an inherent argument is a whole essence which dooth equally perteyne to originall arguments and such as are secondary The speciall is a part of the generall as arguments first and secondary are specials of an Inherent argument as being parts put vnder it indifferently and equally or alike The general is eyther most generall or subalternall the speciall is either most speciall or subalternall that is put vnder The chiefe or moste generall is that which hath no generall aboue As in Logicall Inuention an argument is the most generall comprising both Inherent and borrowed argumentes vnder it The generall and speciall subalternall or vnder another are those which may bée in diuers respects both generals and specials generals in respect of their inferiors specials in respect of their superiors as a cause is a speciall in respect of an argument fully agréeable but it is a generall in respect of the materiall or formall cause The most speciall is that which cannot be deuided into specials as this or that singuler materiall or formall cause conteining none other vnder it Generals are certayne resemblances of causes in themselues comprehended as specials are of effects Speciall examples referred to their generals belong to this place Annotations HOttoman Totum partes vtrum prius an posterius sunt anne simul primum distinctio adhibenda est vt aliud sit totum naturale veluti arbor fundus auis equus aliud artificiosum veluti domus nauis currus si naturale totum est verissimum est quod Aristoteles libro de natura octauo scribiâ—… prius esse naturae temporis rationis ordine id quod perfectum est eo quod est inchoatum sin autem artificiosum est tum eiusdem Aristotelis monitu altera distinctio adhibenda est vtrum subtiliter artis ratione an populariter ex sermonis consuetudine disseratur Nam quia subtili ratione ea demum pars verè proprièque dicitur quae suo munere fungitur fungi autem suo munere nisi suo toti inhaerens non potest certè totum pars naturae ac temporis ordine simul sint necesse est Nam vbi est domus ibi necesse est esse tectum vbi tectum reuera tegens ibi necesse est esse domum vbi currus ibi rota vbi rota reuera actu voluens est ibi currus sin autem populariter loquamur homonymia id est communione nominis abutamur tum verò pars dicetur esse prior totum verò
generall than disputare or disserere put downe by Tully and Ramus yet not so ample as the nature of this art whose vertue is séene not onely in teaching others but also in learning thy selfe in discoursing thinking meditating and framing of thine owne as also in discussing perusing searching and examining what others haue either deliuered by speach or put downe in writing this is called Analysis that Genesis and in them both consisteth the whole vse of Logike As farre then as mans reason can reach so farre extendeth it selfe the vse and vertue of this art of reasoning whâ—…se most ample and almost infinite vse and power hath neuer had in anie toong a more generall and yet proper name than this of reasoning as wée vse it now adaies Men reason in schooles as Philosophers in Westminster as Lawyers in Court as Lords in Countrey as worldly husbands whatsoeuer it bée nay whatsoeuer thou canst imagine to bée although it bée not neuer was nor neuer shall bée yet by reason it is inuented taught ordered confirmed as the description of fame in Virgil of famine in Ouid of Elysian fields of Styx of Acheron of the golden apples and a thousand such poeticall imaginations And therefore Logike hath béene of a loong time vntollerably abused by those miserable Sorbonists dunsicall Quidditaries who thought there was no reasoning without Arguitur quod sic Probatur quod non no part of Logike without Ergo and Igitur Whereas indéede the true vse of Logike is as well apparant in simple playne and easie explication as in subtile strict and concised probation Reade Homer reade Demosthenes reade Virgill read Cicero reade Bartas reade Torquato Tasso reade that most worthie ornament of our English tongue the Countesse of Penbrookes Arcadia and therein sée the true effectes of natural Logike which is the ground of artificiall farre different from this rude and barbarous kind of outworne sophistrie which if it had anie vse at all yet this was all to féede the vaine humors of some curious heades in obscure schooles whereas the Art of reasoning hath somewhat to doe in euerie thing and nothyng is any thing without this one thing Same Artes are appliable onely so some certayne subiect but Logike is scientia scientiarum as I sayd before not tyed to one thing but apt for anie thing frée from all yet fit for all framing orderly proouing strongely expounding playnly perswading forcibly any Arte any cause any question any man whatsoeuer What then will some man say néede wée any other Arts if Logike alone can suffice for all I aunswere Logike alone is sufficient to helpe all yet Logike suffiseth not for all Logike â—…elleth how to reason dispute examine prooue or disprooue any thing but the thing that is to bee reasoned disputed examined prooued or disprooued that Logike cannot affoord and therefore it is to bée sought for at such Arts as professe suche thinges so that Logike is profitable vnto all and yet not any of them vnprofitable but euen as they without this bée mangled and confused so this without them is bare and naked Logike is necessary for a diuine yet Logike yéeldeth no diuinitie but when a Preacher hath by continuall perusing of the sacred Scriptures furnished himselfe with store of matter then Logike wil teach him how to teach others not onely that but also how to learne himselfe to defend to confute to instruct to reprehend Logike sheweth generally what an argument is and how to vse an argument but the seuerall argumentes are else where to be had For as Arithmetike teacheth to counte money not to finde money and Geometrie to measure ground not to purchase grounde so Logike can tell you howe to reason of thinges and yet reserueth the peculier doctrine of the same thinges to the seuerall professors thereof I doe not denie but one and the same man may purchase ground measure ground and also reason of the same ground but hée purchaseth it by one Art measureth it by another and reasoneth of it by a third hée purchaseth it as a worldling measureth it as a Geometer reasoneth of it as a Logician and although one man may be furnished with all these thrée properties yet euery Art must haue her owne by the lawe of Iustice confusion must bée auoyded and the preceptes of euery Art distinctly put downe although the vse of the same preceptes may be common and concurre altogether in one man if one man bée skilfull in all these Artes. Ramus addeth this woord well in the ende of the definition which me thinkes were as well left out as put in for although it may séeme to seuer the perfection of Art from the imbecilitie of nature yet indéede the very name of an Art includeth this woord well euery Art being an habite of dooing that well whereof it is an Art Howsoeuer it bée it appeareth that to reason well and artificially is the duetie and ende of Logike for it is not essentiall vnto Logike alwayes to perswade no more then to a Phisitian alway to heale but to performe those thinges which are prescribed in his Art although the hoped euent and successe doo not alwayes ensue The second Chapter Of the partes of Logike and the seuerall kindes of Argumentes THere bée two partes of Logike Exposition of the nature of argumentes and Disposition of the same Exposition is the first part of Logike which expoundeth the diuers kindes of argumentes by their seuerall affections and mutuall relations one to another which for that it helpeth to inuent argumentes is called Inuention An argument is any seuerall conceipt apt to argue that wherevnto in reason it is referred First an Argument is either inhaerent or fet elsewhere Inhaerent is that which is inuented by consideration of the nature of the thing argued and is either originall and first or secondary and deriued First is that which hath his beginning of it selfe It is agréeable or disagréeable Agréeable is that which agréeth with the thing which it doth argue The agréeable is either fully agréeable or agréeable in part fully agréeable is that where there is a greater cohaerence and affinitie betwéene the argument and the thing argued fully agréeable is first the cause and the thing caused Annotations THe Art of Logike as is declared already layeth downe the right vse of naturall reason and this that wée call shewing or declaring how to reason is no giuing of reason to him that had it not but an applying or directing of the minde to the view and contemplation of that which of it selfe it might perceaue if it were turned and framed therevnto For as Plato sayth 7. de repub the trueth of the things comprised in Arts is as naturally propounded to the viewe of the minde as colours bée to the sight of the eye and therefore Aristotle in his first booke of Elenchs hath set downe that which common experience doth confirme that euery common person or silly soule vseth Logike in some part and practiseth of
entende vn act de Parlement s. l'assent de les seigniors de les comons et de le roy et l'un ou deux sans le tierce ne fait ceo vn act Car eomentque les seigniors et comons agrée al chose vncore n'est act tanque le roy ad assent auxi Cause en compaigne Cause procreant Fol. 214. Adonques icy en le principal case le roy Henry le quart fuit fits et heyre a Iohn de Gaunt que fuit vn des fits le roy Edward le tierce et fuit auxi fits et heyre al Blaunch feme del dit Iohn de Gaunt que fuit file et heyre Henry Duke de Lancaster Issintque le Duchy de Lancaster vient aldit Henry le quart per disceÌ„t del part sa mere Folio 242. b. Car del heure que tout iustice tranquilitie et repose est deryue del roy come del fountaine de ceo le ley eâ—… tous ses besoignes et choses luy fauour come le chiefe test del ceo Cause conseruant Fol. 315. b. le roy est le test del bien publique et les subiects ses membres et l'office le roy que le ley a luy appoynt est de preseruer ses subiects The matter is the cause of the which a thing is made So in August Willy sheweth what matter his cup was made of thus Then lo Perigot the pledge which I plight Amazer ywrought of the maple warre In December Collyn in his complaint Where I was woont to seeke the honny Bee Woorking her formall roomes in waxen frame The grisly toadestoole growne there might I see And loathed paddocks lording on the same Againe And learn'de of lighter timber coats to frame Such as might saue my sheep me fro shame Againe To make fine cages for the Nightingale And baskets of bulrushe was my woont Maister Plowden Fol. 15. b. Les vlnes del panne sont le mater del toge Annotations ARistotle sometimes calleth the efficient the beginning of motion and rest as in the first of his Metaphysikes and second of his Physikes And otherwhiles hée vseth this very name Efficient as in his Topikes and Demonstrations The auncient Philosophers made great discourses concerning this cause but some very fabulous sayth Aristotle 3. Metap As Hesiodus and Parmenides made Loue the maker of all things some obscure and ambiguous as Hermotimus and Anaxagoras sayde that a certaine diuyne spirite was the author of all so Empedocles giues all to Concord Discord and diuers others to other diuers things Wherfore Aristotle compareth them to yoong fresh souldiers and vnexperienced fellowes that many times hit home and lay on loade but without eyther artor order 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Gréeke is a cause in English It is somtimes taken generally for any reason or argument by common custome and vse of spéech but héere it hath a more speciall and proper signification and conteyneth onely these foure kinds of causes following 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bée very significant woords to expresse the cause and that which is made of the cause The Latinistes haue none so good vnlesse you take that dunsicall deriuation Causa Causatum which wée imitate in English to very good purpose thus the cause and the thing caused Where as the woord Cause comprehendeth efficient materiall formall and finall cause so the thing caused aunswering 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Gréeke and Causatum in Latine conteyneth the seuerall effectes of euery particuler cause as proportionably wée may say the ende and the thing whose end it is the forme and the thing formed the maker and the thing made the matter and the thing materiate For otherwise although in Latine Effectum doo stand for all foure yet properly it onely betokeneth that which is caused by the efficient For thus wée may distinguishe the seuerall vertues of the foure causes although I knowe they all concurre togither in causing so that the constitution of the thing caused is not fet from this or that alone but from all foure ioyntly Foelix qui potuit rerum cognoscere causas sayth Virgill For although by effects and other arguments wée may haue a probable gesse and make sensible coniectures at thinges yet no true science or knowledge is had but from the causes By the effectes and euentes wée sée 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that thinges bée so but by the causes wée knowe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 why they be so and that is onely woorthy the name of knowledge These diuers sortes and distinctions of efficients are greatly to bée considered in dayly affaires as containing in them the reason of the well or ill dooing of any thing of all punishments rewards excuse compassion c. Omnis procreatio conseruatio fit natura consilio per se vel per accidens itaque illa primo haec postremo in loco collocaui Naturally So all naturall thinges bée made marde augmented diminished altered and remooued from place to place by this operation of nature I sayd before that the efficient was rather distinguished then artificially deuided For in trueth the preseruing cause is the efficient rather of the preseruation it selfe than of the thing preserued And the instrumentall cause as it is an instrument is no efficient at all but rather a helping member or part of the efficient sith it hath no power in it selfe to cause the thing caused Causa sine qua non is of some referred to helping causes Occasio est agendi tempestiuitas siue opportunitas casu oblata quod postremum ex nominis etymologia intelligitur reliquum ex appellationibus graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quorum nominum extremum notat tempus vnde agens initium agendi facit quod graecè expressius sonat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 videtur occasio esse causa per accidens sed diuersa ab illis duabus a Ramo positis Aristotle in the second of his Physikes distinguisheth betwéene Fortune and Chaunce as making Fortune properly incident to those efficients onely which woorke with aduise and deliberation yet then vse it not and this is called Imprudentia when wée doo a thing vnawares But Chaunce hée will haue that to bée which is found in things void of such deliberation So that if a man should call the stones that couer some honourable personage fortunate for that they bée somewhat honored this were but an vnproper kind of speaking by Aristotles rule A man goeth towards Westminster to talke with his couÌ„seller and misseth of him héere his going was in vaine but in going hée findeth a ringe His going to Westminster was the cause of the finding of the ringe but yet such a cause as wée call Fortune or Haphazard So Ouid excuseth himselfe for seeing somewhat more than hée should before he would Cur aliquid vidi cur noxia lumina feci Cur imprudenti cognita culpa mihi est Inscius Actaeon vidit sine
qualitie adioyned or incident to the nature of Paris Nowe according to the common Logicians in this sorte must you iudge by disposition Paris is idle Therefore he is wanton For the cause béeing put downe the effect will followe But otherwise if you beléeue Ramus thus The proposition which was this He that is idle is wanton is a doubtfull and contingent axiome and yet for the most part most true by reason of the affection of such a cause to such an effect The assumption was this But Paris is idle which is also a contingent axiome and must bée confirmed by the maners and behauiours of Paris The conclusion it selfe doth follow necessarily by force of the forme and constitution of the syllogisme but yet of it selfe it is but a contingent axiome although the deduction of it from the premises bée as I sayd necessary by reason of the lawfull framing of the syllogisme If therefore the proposition bée denyed I aunswere that it is a contingent axiome for the most part true and therefore you cannot iudge it altogether false And this I confirme by the definition of the efficient cause already put downe thus The efficient is a cause from which a thing is which cause if it bée the thing caused either is or may bée This nowe is a new and prosyllogisticall argument fet from the very naturall definition of the argument it selfe that is of the cause efficient nay rather this is that common maxime vsed of others if the efficause bée that is in due time and not hindered the effect will follow But héere the variety of efficient causes is diligently to be marked as some be alone some with others some accidentally some of their owne force as before I haue shewed So then by this we perceiue that the Canon or Maxima dooth nothing concerne the consequence but onely the confirmation of the proposition and thing it selfe Thus much for the proposition Now if any man deny the assumption it must as I sayde before bée prooued by the life and conuersation of Paris himselfe For in euery syllogisme the premisses as they terme them that is the proposition and the assumption must bée prooued and confirmed eyther by axiomaticall iudgement in Logike procéeding from the seuerall affection of argumentes to the things which they argue or els by other arts and daily affayres incident to mans life And commonly the propositions are prooued to bée eyther contingent or necessary axioms by Logicall definitions of argumentes and certayne rules or canons which are as it hath béene tolde brought in for new and prosyllogisticall arguments for the confirmatioÌ„ of the said proposition and not as proofes of the conseqution And if you thus apply rules canons and maximaes whether proper to this Art or those common receiued ones you shall not doo amisse Lastly concerning the conclusion of this syllogisme if any man doo so much want good maners as to deny it you may iustly say there is no reason why it should bée denied vnlesse the constitution of the whole syllogisme bée not lawfull and artificiall I will héere insert a few examples gathered out of our Law bookes for the better vnderstanding of some of these canons those distinctions of efficient causes put down before Cause principall and instrumentall Hitherto may bée referred what is sayde of principall and accessaries Stamford lib. 1. cap. 44. Nota que in grand treason yly ad nul accesiories eins touts sont principals Vt patet An. 3. H. 7 fol. 10. Issint que quecunque offence fait home accessarie en felony mesme l'offence in grand treason fait luy principall Mes en petit treason ou felony ou auters â—…els crimes accessaries poient estre Accessaries sont deuant l'offence perpetrate in procuring or commaunding auter de faire vn felony mes n ient esteant present a le fait issint apres l'offence perpetrate sont ceux qui receuont vn felon attaint bien conusants del fait que il ad fait ou luy fauoront ou aydont c. In attainder sur apparance et default le principall doit estre attaint deuant l'accessory et l'acquitel del principal est auxi acquitel del accessory Accidentall De Homicide per misaduenture vide Fitz. tit co 3. E. 3. P. 354. P. 302. P. 2. H. 4. P. 69. P. 11. H. 7. F. 24. Si homicide soit fait nient per home eins per auter casualtie de ceo surda Deodandum Deodandum est ou home auient a sa mort per misaduenture d'ascun chose que chiet sur luy ou per misaduenture dun laps que il mesme suffra in chiant de ascun chose sans estre enche sonée per ascun auter home ceste chose quelle enchesona sa morte serra forfet et pris come Deodand Vide Fitz. tit coron P. 403. Concerning casuall homicide I remember an odde historie of a certaine man who falling from the top of a house lighted on an other mans necke and crushing him to death preserued himselfe The sonne of the dead man procuring the reuenge of his fathers death caused him that fell to bée had before the Iudge Where hée no lesse pretily then reasonably offered him this faire play gett thée vp ê™ hée to the top of the same house I will stand where thy father did and if by falling vpon mée thou bruse mée to death and saue thy selfe I promise thée my sonne shal neuer séeke to reuenge my death Necessitie Fortune c. Stamford lib. 1. cap. 5. Homicide fait de necessitie ineuitable pur auancer iustice est Iustifiable Car le vicount Baylie ou ascun auter qui ad garrant darrester home endite de felony peut bien Iustifier le tuer de luy sil ne voile suffrir luy mesme estre arrest eins estoit al defens tielment que l'officer ne peut faire l'arrest sans luy tuer et en tiel case l'officer serra discharge sans attender le grace le roy s. sans acquerer pardon vt patet 22. lib. Ass. p. 55. et tit coro in Fitz P. 22. E. 3. P. 2. 61. Item si plusors veignont a comburer ma meason moy esteant la dedeins et inuironnont la meason mes ils ne ceo comburont et ieo saetta hors et occida vn de eux ceo nest felony vt patet 26. lib. ass p. 23. Mesme ley est sils veignont a ma meason pur moy robber et mon garcon qui est one moy in la meason tua vn de eur Fits tit coro 3. E. 3. Itiner North P. 330. per Louth Mes coment necessitie serra interprete in homicide seipsum defendendo Vide Fitz. tit coro P. 266. an 43. lib. ass P. 31. 3. E. 3. P. 284. P. 286. P. 287. P. 297. Item 21. H. 7. 39. Per Tremayle Iustice seruant poit occider home in sauant le vie son maistre sil ne poit auterment eschaper That this hath béene
vers cestuy que appiere car fuit son folly de ioynder en garrantie oue cestuy que rien ad Sic si feme sole ad title d'entre en terres et prist baron que suffer discent et ne entra la feme serra barre del entry apres le mort son baron car serra dit sa folly de prendre tiel baron que n'entra en temps Héere the frée choyse will and election taketh away all occasion of excuse Materiall cause The materiall causes as also all other arguments Logicall are not to bée tied onely to sensible or bodily matters but generally to bée applyed to any whatsoeuer bée it subiect to sence or conceiued by reason As a man conceiueth in his mind or memory the Art of Logike or any other science the matter whereof is their seuerall rules and preceptes the forme the due disposition of the same and yet nether first nor last is subiect to sence but onely vnderstoode by reason and imprinted in the inward power of mans soule The old honest philosophers haue had many odde conceiptes and fantasticall imaginations touching this cause as appeareth by Aristotle in the first of his Metaphysickes For Thales thought the water was the materiall cause of all thinges as the Misticall fellowes and Pagan diuines thought the Ocean Thetis and Stix to bée Anaximenes sayde it was the ayre Heraclitus the fire Hesiodus the confusion of the worlde Pythagoras numbers Plato litle and great all whiche and others also are but derided of Aristotle as though they had thus spoken of the Logicall materiall cause which should bée generall to all thinges and not rather of the material ground of naturall thinges Canons If the thing bée made then the matter must néedes bée If the matter bée the thing materiate may bée if not then it cannot bée in secondary causes The matter sheweth the excellency or goodnesse of the thinges made thereof for if the matter bée good the thing made is good if better better therefore in deliberation and consultation of dyet of building of weapons of garments and such like as also in praysing or dispraising of any thing made there is an especiall consideration and regard had of the matter Theloall his definition of a writte contayneth both the materiall cause and others also Un briefe est vn formal letter ou epistre del roy escript en le langue latyne en perchemyne selée ouesque son seale direct al ascun iudge officer minister ou auter subiect al suyte del roy mesme ou al playnte et suyte d'auter subiect commaundant ou autorisant ascun chose conteigne en mesme la letter de estre fait pur la cause brieffement en celle letter expresse que est d'estre discusse en ascun court le roy per la ley The fourth Chapter Of the formall and finall cause THe cause before the thing caused is as I haue already taught Now followeth the cause in and with the thing caused which is eyther the forme or the end The forme is a cause by the which a thing is that which it is and therefore by the forme thinges bée distinguished The forme is euer ingrauen as it were in and together with the thing formed as the reasonable soule in man and with man the selfe same instant The forme is eyther internall or externall Internall which is not perceiued by sence Externall which is subiect to sence Externall is eyther naturall which is ingrauen in euery thing naturally or Artificiall which Art hath framed and performed The naturall and internall formes of thinges bée hardly either known and vnderstoode or expressed and made plaine The artificiall and externall is much more easily both conceiued in reason and expressed by woorde and of such there bée many In August Willy describeth the forme of his cup which hée layd against Perigots spotted lambe Then loe Perigot the pledge which I plight A Mazer ywrought of the maple warre Wherein is enchased many a faire sight Of Beares and Tygers that maken fierce warre And ouer them spread a goodly wilde Vyne Entrayled with a wanton yuy twyne There by is a lambe in the Wolues lawes But see how fast runneth the shepheardes swayne To saue the innocent from the beastes pawes And here with a sheephooke hath him slayne Tell me such a cup hast thou euer seene Well mought it beseeme any haruest queene In February Cuddy describeth the girdle hée gaue Phillis by the forme I wan thee with a girdle of gelt Embost with buegle about the belt And in the same Egloge hée layeth downe the accidentall and externall forme together with some effectes of his bullocke Seest how bragge yond bullocke beares So smirke so smooth his pricked eares His hornes bene as broade as raynebowe bent His dewlap as lythe as lasse of kent See how hee venteth into the winde Weenst of loue is not his minde Maister Plowden Fol. 15. b. vt supra in le materiall cause Car le shaping et â—…esance del toge est forme del toge The ende is a cause for the which or for whose sake the thing is Palinode in the fift Aegloge Good is not good but if it bee spend God giueth good for none other end Thenot in the second Aegloge It chaunced after vpon a day Th'usbandman selfe to come that waâ—… Of custome for to suruey his ground And his trees of state in compasse round The ende of goodes is to bée spent the end of the husbandmans going abroad was to view his ground Maister Plowden Fol. 18. a. Et pur ceo le scope et fine de chescun matter est deste consider principalment en toutes choses et si le scope et fine del dit estatute est satisfie donques tout le matter et lentent del matter est accomply Et icy le substance et fine del dit estatute et lentent del feasors de ceo fuit que le roy auera le subsidie et ceo solement fuit le scope et summe del dit estatute et del intent del feasors de ceo et si lagréement icy est sufficient a doner le subsidie et de faire le roy deste en suertie de ceo adonques il ensuist que lestatute et l'entent del feasors de ceo est performe et satisfie Et que ceo issint est ieo ay proue deuant car lagréement garrant et autorize le roy del weyer la woade per son collector a quel temps que plerra luy et quant ceo est fait le roy ad title de action et essint est en suertie Fol. 59. a. Et issint chescun vener sur le terre ne'st entre Car fuit dit que Littleton en son lyeur tyent le ley destre que contynuall clayme doyt estre fayt sur le terre s'il osast vener la. et en tiel case sil vient sur le terre et fayt clayme et depart mayntenant ceo
des mots et entre auters il appelloit la destinée FatuÌ„ in latyn fat in Francois sur quoy vn gentil personage rencontra ce distique Frere Iehan Chassepoi tu te romps trop la teste De nous prescher le fat escrit par Ciceron Ne t'eschauffe pas tant va tu n'es qu'vne beste Pour bien monstrer le fat oste ton Chapperon The like absurditie would it bée for a man of our age to affectate such woordes as were quite worne out at héeles and elbowes long before the natiuitie of Geffrey Chawcer The second is when doubtfull and ambiguous woords bée vsed as in those verses of Martiall where tuus is eyther thine by â—…argayne or by inuention Carmina Paulus emit recitat sua carmina Paulus nam quod emis possis dicere iure tuum And that All the maydes in Camberwell may daunce in an egge shell Of a little village by London where Camberwell may be taken for the Well in the towne or the towne it selfe So that Ware and Wadesmill bée woorth al London Where Ware is either the towne Ware or els merchandize So lastly the Mayre of Earith is the best Mayre next to the Mayre of London Where the towne God knowes is a poore thing and the mayre thereof a séely fellow in respect of the Mayres of diuers other cities yet it is the very next to London because there is none betwéene Accords pag. 96. vne ieune damoiselle interrogée en quelle espece d'oy seau elle desireroit veoir son amy si nous estions aux temps des Metamorphoses elle dit qu'elle le voudroit veoir en Phaisant vrayement vous aues raison dit dame Iaquette caquillon il ne scauroit estre plus agreable qu'en le â—…aisant Heare not the woord written but the voyce and sound caused the ambiguitie The third and last is when store of Metaphorical woords is the cause of a ridiculous obscuritie as if a man meaning to bée brief should promise that hée would gallop ouer al the rest of his text Wherefore Arist. reprehended Plato for that his spéeche was obscure and ambiguous by reason of Metaphors When any of these thrée fallacians bée vsed wée may say with him in Tully Sputa quid sit scio Tilica nescio Wée may desire him to speake better English In the coupling or coniunction of woordes bée two the first is Amphiboly when the sentence may bée turned both the wayes so that a man shall be vncertayne what waye to take for this is the signification of the gréeke woorde Amphiboly and this fallacian commeth not from the diuers signification of any one woord but from the ambiguous construction of many woordes as that olde sophister the Deuill deluded Pyrrhus by giuing him such an intricate answere Aio te Aeacida Romanos vincere posse I now foretell the thing to thee which after shal be knowne That thou king Pyrrhus once shalt see the Romaines ouerthrowne Where this woord ouerthrowne may eyther bée the nominatiue case and appliable to king Pyrrhus or the accusatiue and attributed to the Romaynes The like is that giuen to Craesus Craesus Halyn penetrans magnam peruertet opum vim Where hée hoping to haue destroyed Cyrus and the Persian power ouerturned his own estate as Herodotus reporteth Such an one was that also giuen to the countesse of Flaunders concerning the battell betwéene her sonne Ferrande and king Philip Que le roy seroit abatu foulle aux pieds des cheuaux sans sepulture et Ferrand receu a Paris en grand pompe et triomphe apres la victorie Where the king although troden downe yet dyed not but ouercame and triumphed at Paris ouer Ferrande who was then taken prisoner contrary to the expectation of the Countesse Cardan de Martin Abbot of Assello had this verse ouer his gate Porta patens esto nulli Claudaris honesto Where by the error of the Paynter the poynt béeing mace after nulli caused the Pope which roade that way to displace Marâ—…yn and preferre another to his roome who reteyned the verse but altered the poynt put it immediately after esto thus Porta patens esto Nulli claudaris honesto Wherevpon these verses went together Porta patens esto Nulli claudaris honesto Ob solum punctum caruit Martinus Asello The verse of it selfe is very ambiguous if the poynt bée altogether omitted Porta patens esto nulli claudaris honesto The seconde is in the vnorderly expounding of the woords as No sicknes can bee health Dido is sicke Therefore she cannot be whole For if you turne the woords into good order of exposition the falsenes of the proposition will easily appeare thus No sicke body can be whole Thus much of such fallacians as bée in the woords eyther seuered or conioined which indéed are rather Grammaticall and Rhetoricall than belonging to Logike Those that are in the reason be more Logicall whereof some belong to Inuention some to Disposition Fallacians of Inuention are eyther common to all the places or peculiar to some certaine places Common to all bée two The first is called Petitio principij the requesting of the thing in controuersie when to prooue any thing wée séeke to haue eyther the same in effect graunted vs or some other thing as doubtfull Petitio principij then is eyther when the same thing is prooued by it selfe as The soule is immortall because it neuer dyeth Or when a doubtfull thing is confirmed by that which is as doubtfull as The earth mooueth Because the heauen standeth still The second is Superfluitie eyther when wée cast in things impertinent or els in vnnecessary repetitions of the same things For the first that may serue for an example which Tully hath in his second booke of Diuination as if a physitian should commaund his patient to take such a beast as is bred of the ground walketh on grasse carrieth her cottage and wanteth bloud whereas hée might with lesse labour and to better purpose haue willed him take a Snaile which hée calleth Terrigenam herbigradam domiportam sanguine cassam To this example you may adde that of Martiall as more conuenient lib. 6. Non de vi neque caede nec veneno Sed lis est mihi de tribus capellis Vicini queror has abesse furto Hoc iudex sibi postulat probari Tu Cannas Mithridaticumque bellum Et periuria Punici furoris Et Syllas Mariosque Mutiosque Magna voce sonas manuque tota Iam dic Posthume de tribus capellis Much like as if a preacher in expounding a text of charitie should talk out his houre-glasse in discoursing of Bell the Dragon of Babylon To such fellowes wée may say turne to your text or Iam dic Posthume de tribus capellis For the second which is vnnecessary repetition of the same thing this shall suffice that when I haue generally put downe the nature of an argument it were sophisticall to repeate the same in euery particuler as when I haue
arguments agréeable after a certeine manner as of subiects and adiuncts The Distribution made of the subiect is when the partes are fet from the subiect Hobbinoll in his song of Elysa diuideth her beauty being the adiunct into her seuerall subiects as face eye chéeke c. Tell mee haue yee seene her angelike face like Phaebe fay re Her heauenly hauiour her princely grace can you well compare The red Rose medled with the white yfeare In eyther cheeke depaynten Iiuely cheare Her modest eye Her maiestie Where haue you seene the like but there M. Plowden Fol. 279. b. Et quant a ceo troys y sont come Walshe dit que ount a intromitter oue les biens del mort cestassauoir l'executor le ordinary et les administrators c. The Distribution of the adiunct is when the partes are fet from the adiuncts Diggon in September For either the she pheards bene idle and still And led of their sheepe what way they will Or they bene false or full of couetise And casten to compasse many wrong emprise But the more bene fraught with fraud and spite Ne in God nor goodnes taken delite Maister Plowden Fol. 328. Mynes de plumbe sont fertile on sterile c Annotations PIscator would haue some diuisions to bée of thinges as those that Ramus hath put downe and some of woordes to distinguish the diuers acceptions of ambiguous woordes as Littleton pag. 51. in this woord Assise which he saith is equiuocum c. But that belongeth rather to a Dictionary-maker then a teacher of Logike saith one And indéede as another aunswereth woords bée diuided together with the things as Liberty and fréedome is eyther bodily or spirituall where as well the thing as the woord is diuyded All Logike is generall and applyable as well to thinges imagined as things that bée extant in truth and therefore to woords also as woordes haue causes effectes subiectes adiuncts and other arguments to bée considered Logicus saith Hottoman insitam vocum inter se rationem habitum respectum affectionem Grammaticus tantùm accidentia popularis sermonis in ijs iungendis consuetudinem exquirit c. Sith these two last kindes of distribution bée sayde to bée made of argumentes agréeable after a certeine manner wée are to vnderstand that neyther the whole héere is of the essence of the partes nor the parts of the nature of the whole so that this is no true distribution indéed but rather an imagined distinction And these bée partes not of any whole but rather of order distinction and particular rehearsall or enumeration Canons Therefore if you affirme or deny either the adiunct which is the whole or the subiects which bée the partes you may contingently affirme or deny the one or the other And so in the other of the adiunct the adiunctes as partes béeing affirmed the subiect as whole may be also affirmed Distrib in Sub. Stamford praerog reg cap. 1. For which cause the lawes doo attribute vnto him the king all honour dignitie prerogatiue and preheminence which prerogatiue dooth not onely extend to his owne person but also to all other his possessions goods and cattels As that his person shall bée subiect to no mans suite his possessions cannot bée taken from him by any violence or wrongfull disseisin his goodes and cattels are vnder no tribute toll or custome nor otherwise distreignable Elenchs If a false adiunct bée diuided into false subiects as arguments bée eyther affirmatiue or negatiue Or if a false subiect bée diuided into vnfit adiuncts as spirits some be white some blacke The 17. Chapter Of a Definition A Definition is that which declareth what a thing is it consisteth on two parts the generall and the difference Whereof the first is common to the thing defined and all his other fellow specials but the difference is proper onely to the thing defined and distinguisheth it from all other his fellow specials A definition is perfect or vnperfect whereof the first for the excellency is called definition by the common name the second is tearmed a description by a more speciall tytle or woord A perfect description is that whose difference is fet from the formall cause of the thing defined as A man is a sensible creature endued with reason where sensible creature is the generall and endued with reason is the difference so that whatsoeuer is in a definition placed after the generall that I call in this place the difference By an argument from the definition Piers in May proueth hyrelinges to bée no shepheardes because the true definition of a shepheard agroeth not with them Thilke same bene shepheards for the Deuils stead That playen whilest their flockes be vnfead Where after followeth a definition a cuntrey definition of an hirelyng by application whereof vnto them hée prooueth them to bee hâ—…relings Well is it seene their sheepe be not their owne That letten them run at randome alone But they bene hyred for little pay Of others that caren as little as they What fallen the flocke so they han the fleece And get all the gaine paying but a peece Maister Plowden Fol. 54. b. Car couyn solonque le vray definition de ceque est vn secreate assent determine en les coeurs de deux ou plusors homes al preiudice d'auter Come si tenant pur vie voyle secretement conspirer oue vn auter que l'auter recouera en preiudice de cestuy en reuersion Car per ceo son reuersion serra toll Et ceo conspiracy est et poet estre terme et dit couyne car touts les parts del couyne sont la perimplies Car la est vnitie de lour deux coeurs et est secretement fayt et est en preiudice del tierce person et issint perfect couyne sans mayheme ou blemish Fol. 261. a. Et quant al qualitie del offence quel le offendor icy ad fayt il dit que est in degrée del murder et nemy de manslaughter Car manslaughter est le occider del home feâ—…niousement sans malice prepense Mes murder est occider del home sur malice prepence Et icy le occider de luymesme fuit prepence et resolue en sa ment deuant le act fayt Et auxi il agrée in auter point oue l'auncient definition del murder que fuit tiel Murdrum est occulta hominis occisio nullo praelente nullo sciente Issint icy sir Iames Hales secreatement surround luymesme ne auterment il serroit stay ou interrupt de ceo fayre Fol. 359. a. Le seigniour Dyer define clayme en tiel maner Clayme est challenge per ascun home del proprietie ou ownership del chose que il ne ad en possession mes que est deteigne de luy per tort Annotations DEfinition is not set among the last as though it were one of the woorst but because it is made of those other going before and therefore cannot bée conceiued without them Héere wée teach what a