doth inevitably result from the Dyer without the intervention of any
other Cause imaginable. Easie it were to produce a volume of like instan∣ces
in the workes of nature, or of mens works and practises upon them;
all of them concludently enforcing the resolution of the former Probleme
to be allowable in Schooles, by most perfect and absolute Induction, if
Arts or Sciences were once so happy as to have none but true and accurate
Artists to be their Judges. As indeed they are the sole competent Judges in
like Cases, and Judges they are within these precincts as Competent, as the
Reverend Judges of this or any other Land are in Causes Civil, Municipal,
or Criminal.
2. Admit then a man were found guilty of murther by a Jury of his honest
Neighbours upon the Authentick Testimonies of two or three witnesses which
had seen him run his Neighbour through the body in some vitall part, or
to cleave his head in two, and a Philosopher or Physitian should undertake
to arrest the Judgement or make Remonstrance to the Judge, that the Delin∣quent
arraigned, and convicted by the Jurie, was not the true or immedi∣ate
Cause of the others death, upon these or the like allegations out of his
own facultie;
That death properly consists in the dissolution of naturall
heate and moysture, whereas the party arraigned did never intend to make
any such dissolution, or to terminate his Action to the point of death,
but onely to thrust his sword through him or to knock him in the head,
which Actions can have no direct Terme, besides the Vbi or Terme of lo∣call
motion:
Can we imagine that any Judge could be so milde as not
to censure such an
Apologizer for a saucy
Artificiall Foole or a
Crack'd-brained
Sophister? And yet this
Apologie is not, cannot be in vulgar judgments so
Censurable of Artificiall folly, as the former
Apologie for salving the Es∣capes,
Errors, or ill Expressions of some Learned and
Pious Men, by nice
distinctions betwixt the
Act, and the
Sinfulnesse of it, in our First Parents
Case, was. For there is not so immediate or so absolute or necessary
connexion between death and the deadliest wound that can be given to any
man, as there is between
Acts peremptorily forbidden by the Law of God,
and the
Obliquitie or sinfulnesse of them. For there is not, neither is it
possible there should be, any minute of time, or, which is less then the least
part of a minute, any moment of time, betwixt such
Acts, and the
Ob∣liquitie
resulting from them. Both of them come together, both in respect
of order of time, and of nature, by absolute indispensable
Necessity: Where∣as
between death and wounds given meritorious of Capital punishment,
there usually is a distance of time, and oftentimes no absolute or unpreven∣table
necessity, that the one should follow within a year and a day of the
other.
3. But the best Method to convince such as Invented or used the former
Distinction, of gross error and somewhat more then so, will be to retort
their own Illustrations or justifications of it, upon themselves; as I have
learned by successefull Experience upon some learned Ingenuous students
which have revoked their own opinions, and reclaimed others upon the
reading of my meditations upon this argument in another Dialect. One of
the most usuall Illustrations or intended corroborations of the former di∣stinction
is borrowed from a Man, that rides a Lame or halting horse. Such
a rider, say they, (especially if he ride with switch and spur,) is the Cause
why the horse goes or runs as fast as he can, but not the Cause of his lame∣nesse
or of his halting. Of his lamenesse, supposed he was lam'd before, the
Rider (I confess) is no Cause: yet of his actuall halting down-right, or of