If this man bée not a Lawyer hée is a Diuine Or thus out of Virgill If the Spartane mayd bée not a woman shée is a goddesse Bée these axiomes false or no I answere they bée not altogether false but contingent And therefore I said before that if one of them â—…ée affirmed the other must bée denyed and contralily that is if one of them bée denyed the other must bée affirmed for as in this argument so in many others the common Logicians very rashly say it dooth not followe if it doo not follow necessarily Wheras notwithstanding it may follow although it follow contingently So then the one affirmed the other is denyed necessarily but the one béeing denied another shall bée affirmed contingently as I sayde in the text Maister Lambard Iust. lib. 1. cap. 12. Capitall or deadly punishment is doone sundry wayes as by hanging burning boyling or pressing Not Capitall is of diuers sortes also as cutting of the hande or eare burning or marking the hande or face boaring through the eare whipping imprisoning stocking setting on the pillory or cucking-stoole which in olde time was called the tumbrell and of olde but not now pulling out of the toong for false rumors cutting off the nose for adultery taking away the priuy partes for counterfeiting of money Pecuniary punishmeÌ„ts bée diuers as issues fines amerciaments and forfeiture of offices goods and lands c. The Romanes vsed specially eight sorts of chastisements Damnum vincula verbera talio ignominia exilium seruitus mors Elenchs When diuers bée put downe as Disparates So in Martiall Pinxisti venerem colis Artemidore Mineruam Et miraris opus displicuisse tuum For both these things might bée doone together by Artemidorus well ynough and yet his woorke displease no man The eleuenth Chapter Of Contraries COntraries bée such opposites whereof eyther one is onely opposite to one or one to two but more to the one of them than to the other They bée Relatiues or repugnant Relatiues are contraries whereof the one is so opposed to the other as yet there may bee in other respects a mutuall consent and reciprocall relation betwéene them wherevpon they bée called Relatiues as father sonne husband wife c. In May Palinode So schooled the gate his wanton sonne That aunswered her mother all should be done Maister Plowden Fol. 121. b. Le greinder est in respect del meynder et issint en ceo que il affirme le conusance del greinder number il affirme auxi le conusaÌ„ce del meynder c. Repugnant arguments bée such contraries whereof one is so opposite to one or at the most to two as that there can neuer any agréement bée found betwéene them So Warre is onely opposite to peace but couetousnes to liberality and prodigalitie yet more to prodigality Sheepheard I list none accordance make With sheepheard that does the right way forsake And of the twayne if choyse were to mee Had leuer my foe than my friend to bee Colyn in December Loue they him called that gaue mee checkmate But better mought they haue behot him hate Perigot in August Ah Willy when the hart is ill assayde How can bagpipe or ioynts be well apayde Maister Plowden Fol. 467. a. Et issint il apiert diuersitie hée should haue sayde rather Repugnancy enter les deux equities car l'un abridge l'auter enlarge l'un dymynisha l'auter amplifie l'un tolle de le letter l'auter ad al ceo Fol. 274. a. Car hors de memory et hors de conusance est tout vn Et ambideux ces phrases signifie ignorance del tempsâ—…et quant le partie prist conusance del temps iln'estroit en sa bouche a dire que il est ignorant de mesme le temps Car ignorance et science sont contraries repugnant et d'affirmer contraries null serra suffer per nostre ley Under Repugnant arguments be conteined Priuatiues as blindnes is opposed to sight darkenes to light death to life Piers in May. For what concord han light and darke sam Uillen et franck home sont priuatiues sée Plowden 397. a. And thus much of disagréeable argumentes by which one thing is sayd to bée different from another Annotations THis woord Contrary betokeneth no distinct and speciall determinate argument but is a generall affection incident to diuers specials Therefore in Iudgement we should not say the argument is from the contrary but from this or that kind of contrary for all contraries argue not alike And so in other arguments wée must not sticke in the generalitie but descend to particulars as what cause what subiect what adiunct Cum res duae ità comparantur vt ex earum altera affirmata affirmetur altera ex altera negata negetur altera tum illae sunt consentaneae vt Aegistus est otiosus ergò adulter Efficiens non habet instrumenta ad aedificandum ergò non potest aedificare Causa efficiens vtrobique Sed cum ex vna affirmat a altera negatur vel ex vna negata altera affirmatur tùm sunt dissentaneae vt Sophroniscus fuit pater Socratis ergò non filius Socrates fuit Sophronisci filius ergò non pater hîc causa effectum sunt sed considerantur vt dissentanea quià ex altero affirmato negatur alterum Et non est absurduÌ„ quod vna eademque res diuerso respectu sit consentanea dissentanea Itaque te neamus Relata Piscator Scribonius would haue the nature of Relatiues generally put downe immediat ely after the generall definition of an argument in the first chapter Because as a father cannot bée somuch as imagined without a sonne nor a sonne without a father so no more can a cause without a thing caused thing caused without a cause subiect without adiunct adiunct without subiect c. Sometimes the Relatiues haue both distinct names as father sonne sometimes but one name as a brother is hée that hath a brother a disparate is that which hath a disparate One Relatiue dooth define and expound another So the cause is defined by the thing caused and this by that c. Relata sunt simul natura for though Dauid were Dauid before Salomon was borne yet Dauid was neuer Salomons father before Salomon was Dauids sonne Relata ita contraria sunt vt non sint sine medio nam inter patrem filium est medius qui neque pater neque filius est I. Guyer fuit endite deuant le Coroner super visum corporis del mort Emeline Guyer sa feme Et l'enditement fuit que le dit Emelyne fuit in pace domini regis quousque antedictus I. Guyer vir praefatae Emelyne Guyer c. cest inditement fuit challenge Car il poet estre intend assets bien per l'enditement que le feme n'est occise mes est in vie et issint repugnant en luy mesme eoque le dit I. Guyer est appelle vir prefate Emelyne ou il serroyt
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
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
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
pluis large que le letter et equitie que en Lattin est appelle aequitas amplifie ou demenuist le letter come sa direction veult Fol. 486. a. Car soyt le atteinder per statute ou per commen ley le forfeyture al roy ensue come le vmbre ensue le corps come Dyer le terme Fol. 529. b. Et il dit sicome femme que ad recouer dower ne poet entrer mes doit auer seisin deliuer a luy per le viscount Et sicome vn copyholder a que vn copyhold tenement est discende doit este admitte per le seigniour auant que il auera seisin in iudgement del ley Issint cesty que est admitt ou institute al prebend parsonage ou vicarage ne poet auer seisin ne est plein incumbent tanque le archdeacon ad luy induct ou si soit prebendary deuant que le Deane et le chapter del Cathedrall eglise lou sa prebend est ont luy enstalle Annotations FAyned similitudes bée very populare and plausible and haue in them this one good thing that where as it is somtimes hard to finde out true similitudes it is an easie matter to fayne some odde parable But like examples of things doone in déede bée best Aristo 2. Rhet. hath that of the bridled horsse and hungry flies Bracton descen dit ius quasi ponderosum quid cadens deoâ—…sum recta linea vel transuersali nunquam reascendit ea via qua descendit post mortem ante cessorum à latere tamen ascendit alicui propter defectum haereduÌ„ inferius prouenientium Maister Lambard Iust. lib. 2. cap. 1. As a man that hath receiued hurt in his body by a stroake whereof hée bléedeth freshly will be content for the present to admit the help of any leeche or surgeon comming next to hand for the stanching of the bloud and binding vp of the wounde and yet would more gladly haue vsed the conference of diuers expert surgeons for dooing the same if the danger of the hurt woulde haue graunted the time that will be lost in calling them together so also the common counsaile of this realme finding that the body thereof may bée deeeply wounded in some one member and perceiuing that some euils must bée resisted at the very first least otherwise they grow past helpe and waxe incurable hath many times thought it good to commit to one or to a few Iustices of the peace for that they bée ready and at hand the stopping of the bloud as it were and first dressing of the wound by repressing of force and other outrages that doo sodainly arise and hath yet neuerthelesse when as the time and matter will permit politikely established an assemblie and conference of all the Iustices at certayne times in a full court and open session When it appeareth that the thinges which we compare togither be like because that thing wherein they be compared may be applied to them both then wée looke whether it be applied to them in equal proportion and quantitie or vnequall if in equall then they bée pares equall if in vnequall then impares of the which the one is the more the other is the lesse which is the comparison of quantitie therfore I haue put qualitie before quantitie For it were absurd to aske wheather Higs of Balkot or Shepheard of Tugford were the falser knaue vnlesse it were first graunted that they were both false knaues Affectio similium inter se vt caeterorum argumentorum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Inuerse alterne Inuerse quando inuertitur ordo propositionis redditionis tantum aut etiam terminorum Itaque si quaedam similia fuerint inuersè similia erunt vt aurum ad ignem sic fides ad periculum ergo vt fides ad periculum sic aurum ad ignem Item ergò vt periculum ad fidem sic ignis ad aurum Alternè quando similitudinis antecedens antecedenti consequens consequenti comparatur si quaedam fimilia fuerint alternè similia erunt vt aurum ad ignem sic fides ad periculum ergò vt aurum ad fidem sic ignis ad periculum I haue made a second generall diuision of argumentes into simple and compared as perceauing the nature of comparison to bée incident to euery argument that is not simple Canons One like argueth an other as this is in respect of that so the other in respect of the other As this is in that so an other in another Of likes there is like reason Lykes agrre to like Vbi eadem ratio ibi idem ius 19. H. 6. 18. b. Newton Littleton que sont en semblable reason sont en semblable ley pag. 301. Vide 9. H. 6. 24. b. Bab. Home poet deuiser que sa terre serra vendue per les executors et issint home auera francktenement de cestuy que ne auera riens come home auera fire dun flynte et vncore null fire est in le flynte Sic in 19. H. 6. 24. Mark Executors poyent doner chose que ils n'auoyent come vn whetstone que done sharpenes a vn cuttell et vncore null est en luy Si cui simpliciter via per fundum cuiuspiam concedatur vel relinquatur quà primum viam direxerit ea demum ire agere debet nec amplius mutandae eius potestatem habet argumento riui quem primò qualibet ducere licet posteaquam ductus est transferre non licet Elenchs As a new coate is better than an old so new friendship and new wine these bée not like The 21. Chapter Of the vnlike THe vnlike is that whose qualitie is vnlike The notes are these vnlike differing otherwise and the deniall of the like Thomalin in Iuly But nothing such thilke shepheard was whome Ida hill did beare That left his flocke to fetch a lasse whose loue hee bought too deare The notes bée oftentimes omitted and the dissimilitude more fully enlarged Colyn in Iune O happy Hobbinoll I blesse thy state That Paradise hast found which Adam lost Here wander may thy flocke early or late Withouten dread of woolues to beene ytost Thy louely layes here mayst thou freely boste But I vnhappy man whome cruell fate And angry Gods pursue from coaste to coaste Can no where finde to shrowde my lucklesse pate Maister Plowden Fol. 76. b. Et quant a ceo que est dit que en le briefe de droyt quandò capitalis dominus remisit curiam que l'assent del seigniour est primes conus et issint en le Recordare le clause est si causa sit vera aliter non sir ceo est bon reason et nyent semblable a nostre case Car la est parcell del inheritance del seigniour d'auer le plée tenus en son court et d'auer les profites et casualties veignant per ceo lequel n'est reason a toller de luy sans cause Mes en nostre case le viscount n'est forsques minister al
roy per luy appoynt et n'ad ascun profite mes solement allowance pur son labor s. les fées vsuall pur le execution del briefes et si auter serue les briefes le viscount ne perde riens car il ne prist ascun labor Et issint si le roy change son officer n'est ascun tort fayt al officer et issint il ne poet este semble a les auters cases So much of Qualitie Annotations DIssimilitudinis explicatae redditio hîc appellatur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dissimilis redditio Ramus The difference betwéene argumentes vnlike and arguments diuers is that in diuers the simple and absolute disagréeing of two thinges is considered but in vnlyke arguments the vnlike comparison of foure termes that is of two things and the two qualities of the same In diuers wée affirme the one and deny the other after a certeine manner in vnlykes wée deny neither but onely distinguish the one from the other by the difference in quality So that all disagréeable arguments may bée handled as vnlyke if the diuers qualitie hée respected Canons Of vnlikes there is vnlike reason Unlikes agrée with vnlike c. Examples bée euery where extant of likes and vnlikes in our lawe Elenchs Golde is tryed in the fire but not so is trust and fidelitie in aduersitie This is false for these thinges bée like not vnlike The 22. Chapter Of the Aequall QUantitie is that whereby things compared are sayd to bée of this or that quantitie Quantitie is either equall or vnequall Equal are those whose quantitie is equall And therefore it is an argument from the equall when one equall is argued or declared by an other The equall hath certeine proper signes whereby it is often expressed in authors and may if they want alwaies be added for the playner declaration thereof as Equall Alike The same that Aswell as Somuch howmuch Somany howmany No lesse no greater and such like Yet equals are sometimes expressed without any note at all Thomalin in Iuly vseth notes Al soone may shepheards clymbe to skye that leade in lowly dales As gotheard proud that sitting hye vpon the mountaine sayles Willy in August Neuer dempt more right of beauty I weene The shepheard of Ida that iudged beauties queene Maister Plowden Fol. 15. a. Car come proprement come il appent al office del brasier en l'auter case a weyer et metter en fiew le dit belle ou al office del taylor a shaper le panne cy properment il appent al office del collector a weyer chose pur que le subsidie serroyt pay Fol. 7. a. Issint si home est tenus in vn obligation sur condition de enfeoffer I. St. et il fayt lease pur ans et release a luy en fée il ad performe le condition coment que il n'ad performe les parolles Et vncore les parolles d'un condition d'obligation doyent este performe cy straytment come les parols dascun statute mes entant que l'entent et effect est performe et ceo que counteruaylera les parols il suffist Annotations Canons THis Logical quantity is most generally to bée vnderstood And therefore all those woords bée vtterly reiected which are not ample ynough to expresse the generall nature of this Logicall quantity As 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 facilis difficilis credibilis incredibilis Aequè magis minus probabilis c. As though no argument were of the more or greater but that which were rather in which had more probabilitie which were more easie And so in the lesse and equall If a man will restrayne the generall nature of this quantity in this sort hée shall finde himselfe intangled with repugnant examples in such sort that for his heart hée shall not bée able to ryd himselfe out If any thinke I doo but ieast let him reade the third part of Beurhusius and make a tryall of his owne skill Canons Of things that be equall there is equall reason and iudgment Of equals if one eyther bée or not bée the other must in like manner bée or not bée Equall things agrée with equall Such thinges as are equall to any other thing are also equall among themselues This holdeth not in vnequals as 3. and 3. are vnequall to 2 and yet equall among themselues If you doo either adde or detract equall things from things that bée equall the whole or remnant will bée equall You shall as is sayde sometimes méet with equals without any notes at all as in Terence Quando ego non curo tuum ne cura meum Sith I meddle not with thine meddle not thou with mine Agayne the equall is returned against the equall nowe and then without any forme If any one thing bée or séeme to bée in some two thinges equally then if it bée not in the one it shall not bée in the other but if it bée in the one it shall bée in the other For the last part take this example If a tutor must bée faithfull then also a procurator But a tutor must Therefore the procurator must also Or thus more briefly in a contracted syllogisme called an Ethymeme A Tutor must bée faythfull and true Therefore a procurator must bée so also Other Logicians commonly to confirme and prooue the consequence in the Enthymeme bring in the Canon before alleaged out of Aristotle if any one thing c. But I had rather say that this connexed syllogisme is good and artificiall so that no man ought to doubt of the consequence which is already determined by the lawfulnes of the syllogisme which is the onely rule of all consequence and coherence Now for the partes of this consequence I meane the proposition and the assumption I say the proposition is true and that I prooue by the definition of the equall Because there is one and the same or equall quantity that is to say an equall reason in a tutor and in a procurator And as for the assumption it is allowed by the ciuill law Yet wée are not altogether to reiect these rules and Canons but to vse them in writing and speaking as certaine corollaries or fruites of this art and not to put them downe in the art for that most of them bée too particular or doubtful and contingent and also vnnecessary and superfluous The second Canon is this If two things bée equally in a third then if the one bée the other shall bée if not this neyther that As he vseth to lye therefore to steale It is not proper and peculiar to man for to sée therefore neyther to heare The third and last If two bée equally and indifferently in twoo then if this bée not in that the thirde shall not bée in the fourth but if that bée then this also as in that out of Terence whereof wee spake before Demea saide to his brother Mitio Quando ego non curo tuum ne cura meum Sith I care not for thy sonne Aeschinus meddle not thou