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A01231 The lavviers logike exemplifying the præcepts of logike by the practise of the common lawe, by Abraham Fraunce. Fraunce, Abraham, fl. 1587-1633.; Ramus, Petrus, 1515-1572. Dialecticae libri duo. 1588 (1588) STC 11344; ESTC S102621 196,200 330

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THE LAWIERS LOgike exemplifying the praecepts of Logike by the practise of the common Lawe by Abraham Fraunce AT LONDON Imprinted by William How for Thomas Gubbin and T. Newman 1588. To the Right honorable Henry Earle of Pembrooke Lord Herbert of Cardyffe Marmyon and S. Quynten Lorde Praesident of the principality of Wales and the Marches of the same Knight of the most noble order of the Garter and Lord Liuetenant of Wales of the Marches and of the counties of Wy●… and Sommerset IF Lawes by reason framed were and grounded on the same If Logike also reason bee and thereof had this name I see no reason why that Law and Logike should not bee The nearest and the dearest freends and therfore best agree As for the fonde conceyt of such which neuer knew them both Better beleeue some mens bare worde than their suspected oth I say no more then what I saw I saw that which I sought I sought for Logike in our Law and found it as I thought If all that I haue sought and found your Honor doe content Let scribes and pety penmen talke I thinck my time well spent And labour herein well imployd Acceptance is my meede I craue no more I haue no lesse if you vouch safe to reede Your Honors most vnfainedly affectionate Abraham Fraunce TO THE LEARNED Lawyers of England especially the Gentlemen of Grays Inne THere bee almost seauen yeares now ouergone mee since first I began to be a medler with these Logicall meditations And whilest I haue said and vnsaid doone and vndoone and now doone all a new mee thinkes these seauen yeares haue quickly ouergone mee I first began when I first came in presence of that right noble and most renowmed knight sir Philip Sydney with a generall discourse concerning the right vse of Logike and a contracted comparison betweene this of Ramus and that of Aristotle These small and trifling beginnings drewe both him to a greater liking of and my selfe to a further trauayling in the easie explication of Ramus his Logike Sixe tymes in thease seauen yeares haue I perused the whole by a more diligent ouerseeing corrected some ouersights thrise at S. Iohns colledge in Cambridge thrise at Grays Inne since I came to London This last alteration hath chaunged the name of the Booke this new name of the Booke proceeded from the chaunge of my profession For hauing resolutely determined to acquaint my selfe with our English laws constitutiōs I thought good to make tryall whether my eight yeares labour at Cambridge would any thing profit mee at an Inne of Court wheather Law were without Logike or Logike not able to helpe a Lawyer VVhich when I prooued I then perceaued the practise of Law to bee the vse of Logike and the methode of Logike to lighten the Lawe So that after application of Logike to Lawe and examination of Lawe by Logike I made playne the praecepts of the one by the practise of the other and called my booke The Lawyers Logike not as though Logike were tyed onely vnto Law but for that our Law is most fit to expresse the praecepts of Logike Yet because many loue Logike that neuer learne Lawe I haue reteyned those ould examples of the new Shepheards Kalender which I first gathered and therevnto added thease also out of our Law bookes which I lately collected I doubt not but that some welwillers and many malitiously disposed cauyllers will as much reprehend this straunge coniunction of Lawe and Logike as they did meruayle at my sodayne departure from Philosophy to Lawe To those that meane well and speake according to their meaning I wish no woorse vse of Logike than may be had in Lawe For the rest which make proclamations without authoritie and exclamations with greater indignation than discretion I leaue them to their standish and pray for their good successe that after the tearme of seauen yeares fully compleate and ended they may bee in their blewe veluet night-caps solempnly called to the Barre for their extraordinary skill in making of obligations Tully at the earnest request of Trebatius a towardly Lawyer of Rome hath eloquently put downe the first part of Logike in his Topikes to the praecepts whereof hee applyeth Law-like examples for the better instruction of Trebatius and helpe of other Lawyers Seruius Sulpitius as the same Tully reporteth became the most excellent Lawyer in all Rome and that onely by the helpe and direction of Logike insomuch that he onely by thease meanes was said to haue the art knowledge of the Lawe whereas the rest had nothing but the practise of the same by continuall beating of their braynes about endles controuersies Hee knew what was Law what was the reason of Law they like good Catholikes and modest minded men beleeued as the Church beleeued but why the church beleeued so it neuer came within the compasse of their cogitation But all this notwithstanding it cannot bee sayde one great Tenurist that a good Scholler should euer prooue good Lawyer God forbid good sir you offer your selfe tootoomuch iniury for wee countreymen take your woorship for a greate wise learned man and I doubt not but that your selfe are well perswaded of your woondrous knowledge in the Lawe and yet you say that Lawe and Logike can neuer stande togeather T is great pity God wot that thease two excellent qualities can neuer bee reconciled Alas what should ayle them if it like your good Maystership Mary quoth hee thease fine Vniuersity men haue beene trained vp in such easie elegant conceipted nice and delicate learning that they can better make new-found verses of Amyntas death and popular discourses of Ensignes Armory Emblemes Hieroglyphikes and Italian Impreses than apply their heads to the study of the Law which is hard harsh vnpleasant vnsauory rude and barbarous VVell said good Iohn a style Dij ●…e Damasippe deaeque Uerum ob iudicium donent ionsore sed vnde Tam benè nos nosti For my selfe I must needes confesse I was an Vniuersitie man eight yeares togeather and for euery day of these eight yeares I do not repent that I was an Vniuersitie man But for that delicacie of studie whereof you dreame because it seemeth somewhat straunge a worde or two before wee go further Surely sir by your patience be it spoken it seemeth you came abruptly from a countrey schoole to an Inne of court or els riding poast towards London you chaunged horse at the Vniuersitie and comming thither late in the euening and riding away early in the morning saw nothing but by candell light It was incident to my nature as I thinke to bee caried away with as delicate and pleasant a kinde of learning as any of my time in Cambridge VVhich notwithstanding an inestimable delectation that drowned the paines of studie did yet so racke my raunging head and bring low my crased body that I felt at last when it was too late the perpetuall vexation of Spirite and continuall consumption of body incident
countenance Elenchs Some learned men bée lewd liuers therefore learning is lewd Where it should bée thus Learned men liue lewdly therefore they bée lewde or thus Learning maketh men lowd therefore it is lewd Notation Notation or Etymologie is the interpretation of the woord For woords bée notes of thinges and of all woords eyther deriuatiue or compound you may yéelde some reason fet from the first arguments if the notation bée well made It is called Originatio quod originem verborum explicet and Etymologia id est veriloquium Nomina sunt argumenta non quatenus ad rem significandam referuntur sed quatenus referuntur vel inter se mutuò vt coniugata vel ad suae originis interpretationem quae Notatio dicitur Sed sic non considerantur vt nomina id est symbola sed vt res quaedam seu 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quaedam Piscator Grammatica notatio exponit vocū adsignificationē Logica verò causam explicat cur hoc nomen huic rei sit impositū Piscator putat à nomine ad rem significatam argumentari nihil aliud esse quàm a testimonio argumentari vt Christus in scriptura dicitur Deus ergò est Deus Canons To whome the interpretation of the name agréeth to that also the name itselfe and contrarily Yet sayth Corasius ab interpretatione ad nomen ipsum deriuatum sicuti est à genere ad speciem desumpta argumentatio inanis est quod etymologia latiùs pateat quam nomen ipsum Certè re ciprocatio in his obscura incerta est Sed à deriuato ad deriuationem argui melius potest vt tutor est ergò tueri debet When the name is false vnknowne or ambiguous then the reason is daungerous That which agréeth with the one agréeth with the other Duips taunts iests and conceipts are often fet hence All Platoes Cratilus is spent in the interpretation of woords after this manner Nihil ambigi potest ait Cicero in quo non aut res controuersiam faciat aut verbum in dictionibus igitur aequè atque in rebus versatur Dialectica Hottoman Examples of notations From the cause Billinsgate a gate in London builded by king Belus From the effect Prouident of foreséeing future chaunces And so in the rest Gospell a good spell or Gods spell or saying A Lordane signifieth an imperious idle fellow of a lord Dane Winchelsea of wind chilly and sea so in Latine it is called Frigmareuentus of frigus mare ventus Little Iohn for that hée was woonderfully tall and bigge héere the notation is from the contrary as Lucus quia non lucet parcae quia non parcunt Bellum q●…a non bellum so of Ludus Eumenides c. Mutuum quasi meumtuum Victima quae dextra cecidit victrice vocatur Hostibus à domitis hostia nomen habet Arist. 2. Rhet. Draconis leges non hominis quod erant asperae Dracoes lawes were a Dragons lawes for their crueltie Territorium dicitur quia magistratus eius loci intra suos fines terrendi id est coercendi ius habent The Court of pipowders incident to fayres is called Curia pedis puluerisati for fayres commonly are dusty 13. E. 4. 8. Choke in 17. E. 4. b. Conclude que null contract serra si non ambideux les parties simul consentiant Car contractus dicitur à con quod est simul traho to draw together Seruus a seruando as well as of seruiendo quia seruaban●… capti in bello vt postea venderentur Manumissio quasi 〈◊〉 manu dimissio Mancipia quasi manu capta Bracton lib. 1. Fol. 4. Dyer semble que vn remaynder al feme pur vie apres le mort le baron ne poet estre termed ne prise pur vne ioynture purceoque el doit prendre estate ioyntment one son baron accordant al etymologie del parol ioynture 17. Elis. 50. Dyer Per Needham 4. E. 4. Praecipe quod reddat gist properment vers le tenant del terre de terris ou tenementis car la il poet reddere contra del comon de pasture appendant ou in grosse la quod permittat gist que il suffer le demandant occupier son comon c. Socage à soca Littleton 26. 7. Fearmes quasi feormian qu'est vn Saxon paroll signifiant pur féeder ou render vittayle car les auncient reseruations fueront pur le pluis part in vittayles et nemy argent Termes of the law pag. 967. Aulnage ex quo Aulnager est le measure et le metter per le yarde in Latine Vlnagium vlnator ab vlna 13. 14. Elis. 49. Dyer Shyrréeue of two Saxon words Geresa a ruler and Scyran which is to cut as it were the ruler of the shire For the Realme is diuided and cut as it were into such partes called héerevpon shires and allotted to seuerall shyrréeues as their shires In Latine hée is called Vicecomes quasi vicarius comitis in séeing iustice executed in the shire and the kinges reuenues brought in aerarium Which the Counte Earle Comes himselfe should but could not by himselfe as attending for the most part vpon the king in warres as the name beareth Comes quasi comitans principem Constable quasi Kyninstaple or Kingstaple the stay and hold of the king for so was the Lord great Constable of England who had authoritie in matters of warre within without the Realme Out of which office this lower Constableship was first fet 13. E. 3. Stat. Winchester where two constables in euery Hundred were appoynted to take view of armour Tythingman Headborough Chiefepledg Borsholder is in a manner all one with a petite Constable Although before William Conquerour it was ordeined that all frée borne men should cast themselues in companies by ten in ech company and that euery of the ten should bée pledge and surety for his fellow and amerced for his default if he escaped Hereof these companies bée called Boroes or Bo●…hes a pledge and Tything of ten And because ten of these companies sometimes met for matters of weight and ten times ten is an hundred their generall assembly was called an hundred The speaker and chiefe man was called the Tythingman the Borsholder quasi elder Boroe and head-borohe chiefe pledge In these méetings among other things it was obserued that euery of these pledges should yearely bée presented by the chiefe pledge at a generall assembly yet called the view of Frankepledge visus Franciplegij or the Léete court Maister Lambard Lathes Rapes and Wapentakes be so called of the diuisions of partes of shires Lathe is a barne Rape a reaping Sir Thomas Smith thinketh them to bée names of seruice for that so many townes met in one day to reape or carry the Lords corne into his barne and Wapentake of taking weapons for that in those assemblies hée that could not find suretie for his good abearing had his weapon taken from him But M. Lambard in legibus Edwardi