The logicians school-master: or, A comment upon Ramus logick.: By Mr. Alexander Richardson, sometime of Queenes Colledge in Cambridge. Whereunto are added, his prelections on Ramus his grammer; Taleus his rhetorick; also his notes on physicks, ethicks, astronomy, medicine, and opticks. Never before published.

CHAP. XXXIII.

De testimonio humano legis & sententiae.

Testimonium humanum est commune, aut proprium.

KNowing that a humane testimony doth rest upon the artificial arguments, it cannot be so strong as

divinum is: yet it may be true. Est commune, aut pro∣prium, because the more witnesses it hath, the stronger it is: that which is testified by one man alone is wea∣ker, because one man may sooner be deceived than many: he may see onely one artificial argument, they may see more, yea all: so that as a divine testimony is to be preferred before an humane, so a humane that is common, is to be preferred and received before an humane that is proper.

Commune ut lex, & illustris sententia.

Lex a law, a rule which is received either by the whole world, as the law of Nations; or of some pe∣culiar Countries, as the laws of a private state: and this hath less force in it than the former, ergo, if the witnesses stand of more together, and of one alone still holding all of them prudent, vertuous and bene∣volent, we are to receive that which is witnessed by more men, sooner than the other. Now then where the Church of Rome reasons with us, it is not better to go to the Church, than to a private man? yes, but they must be prudent, vertuous and benevolent: a∣gain, they must see the artificial arguments of that witness, for else if one man shall bring testimony from the word of God, we are rather to receive his: else we prefer an humane testimony before a divine. A∣gain, if it be an humane testimony, and a humane te∣stimony that we compare together, let not a private man stand up to stir with his meer testimony against a whole assembly.

The reason of the Creed being generally received in all Churches, is this, because it hath a divine testi∣mony, ergo, next to the testimony of the Church, we are to prefer the common testimony, and then the private, as it doth not jarr with the common one.

Illustris sententia.

For though it be not a law, yet is it generally re∣ceived, as notable for truth: now he cals it illustris, opposing it to obscura, which though it may have truth in it, yet is it not so famous to be received. We say vox populi is vox Dei, because all truth comes from him.

Legis autem & non scriptae, & scriptae, testimonium est. Pro Milone.

Est enim (judices) non scripta, sed nata lex; quam non didicimus, accepimus, legimus; verum ex natura ipsa arripuimus, &c.

For there are some laws that are customs, and they are not written: indeed in civil affairs, it so comes to pass that we cannot see all, but are fain to leave some things to custom: yet there may be some laws written in our hearts, which we call natural.

This is witnessed, that it is lawful for a man to de∣fend himself by the law of Nature.

Et ibidem.

Quod si duodecem tabulae nocturnem furem quoquo mo∣do, diurnum autem si se telo defender it interfici impu∣ne voluerunt, &c▪

Why a man may slay his adversary by the Law of the twelve tables, which in the night time al∣lows it.

Sententiae illustres sunt proverbia.

That is, old sayes, as they call them, because they are generally received, are called proverbs: ut pares cum paribus facillime congregantur: birds of a feather will flye together.

Sparctam nactus es, you have an office look to it. This was occasioned thus, when they had chosen their King at Sparta, they used this proverb to him, Spar∣tam

nactus es, hanc exorna. Illustres sententiae are genus to proverbia, and dicta sapientum.

Sunt item dicta sapientum.

These were private testimonies at their original, came to be general afterwards because of the com∣mon receit of them. Nosce teipsum. Socrates was counted the wisest man that lived in his time: and whereas the Mathematicks and natural Philosophy then flourished, he was the first that taught civility: and the subject thereof is the knowledge of a mans self, ergo, he taught his Schollers this lesson. Nosce te∣ipsum. He means to know Moral Philosophy, E∣thicks, Oeconomicks, Politicks, &c. Ne quid nimis: too much of any thing is good for nothing.

Proprium testimonium est, ut Platonis illud, 1. ad Quintum fratrem.

Atque ille quidem princeps ingenii, & doctrinae, Pla∣to, &c.

That State is happy where Philosophers are Prin∣ces, or where Princes are Philosophers: Plato saith it, that is testimonium proprium.

Talia sunt in Poetis. 6. Aeneid.

Discite justitiam moniti, & ne temnite divos. Sic Homerico illo versu. Ajax autem ex Salamine duxit duodecim naves.

The Athenians and the Megarenses had fought so long, that there was a law made at Athens, that none should speak of Salamis. Now Solon put a rope about his neck, and ran through the City, saying this verse, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. by this means the Athe∣nians rising together got Salamis from the Megaren∣ses, and it was belonging to Athens, because of the King thereof.

Vivorum testimonia non sunt non tantum cum quaeritur de fundo, aut caede, &c.

He doth not make a distinction of testimonies to be dead or alive, but he means by mortuorum those when they were alive, that are now dead: he makes many kinds of private testimonies, as obligations, confessiones, insiurandi, &c.

Obligationis exemplum est, 5. Philip. Audebo etiam oblig are fidem meam (P. C.) vebis popu∣loque Romano, &c.

Augustus Caesar was yet a young youth, who went to school when his father Caesar was slain, and Anto∣ny made great stirs, thinking he should be in Caesars place. Now the Romans offer the Souldiers this Au∣gustus to be their Captain, that they might set him up against Antony, telling them that he would both overcome their enemies, and also that he would be a good Governour.

Pignus autem obligatio quaedam est, ut apud Virg. Elog. 1.

Vis ergo inter nos quid possit uterque vicissim Experiamur? ego hanc vitulam, ne forte recuses, &c.

So a pledge or a pawn is a special kind of obligati∣on: they that put out money to usury can tell that a pawn is an obligation.

Confessio est libera, vel expressa tormentis, quae proprie quaestio dicitur. Tale fuit argumentum contra Mi∣lonem quod a Cicerone deridetur.

Age vero, quae er at aut qualis quaestio?

Confessio is when a man is a witness against himself, and it is either voluntary, or expressa tormentis, quae proprie quaestio dicitur, that is a Commission. How did the Commission go out? where is Ruscio and Casca? did Clodius lay waite for Milo? he did. Then

when it was answered that they should be hanged for saying so, they answered again, that Clodius did not lie in wait for Milo, hoping for liberty.

Hunc etiam referri potest argumentum, quo utimur, cum affirmationis nostrae approbationem, & experientiam proponimus.

That is, this may be added to confession, when by experience we tell a thing. Would any body lend Volcatius twenty shillings, let him trie, tecto recipiet nemo, no man will so much as receive him to house. If you were in my case, you would find it.

Jusiur andum etiam testimonium est, 6. Aeneid. Per superos, & si qua fides tellure sub ima est, Invitus, regina, tuo de littere cessi.

This is the last, and is humanum, because it is his wit∣ness that swears it.

Ob. But is not that Divinum, when God swears by himself.

An. No, because it is in respect of our weakness. 2^ly, because we here consider God as if he were man. If there be any faith under the earth: now there is none.

Reciprocatio hic obscurior est, ut quia testatum verum sit, testis sic etiam verax.

Here is a reciprocation in a testimony, but it is more obscure, than that which we heard of before in the doctrine of a distribution, & definition, ut quia testa∣tum, &c. the reason is here because that whatsoever the witnesser shall be, such shall the witness be: if he be prudent, vertuous and benevolent, his witness will be prudent, vertuous & benevolent, that is as if he should say, if the testis be true, then will the witness be true.

Obscurior est.

Because a man may bear false witness when he speaks the truth, and likewise because the simple man may sometimes speak the truth as well as the prudent man.