CHAPTER X.. Of Accusation and Defence, With the Definition of Injury.

OF ACCUSATION AND DEFENCE, WITH THE DEFINITION OF INJURY.

In a judicial oration, which consists in accusation and defence, the thing to be proved is, that injury has been done: and the heads from whence the proofs are to be drawn are these three:—

1. The causes that move to injury.

2. The persons apt to do injury.

3. The persons obnoxious or apt to suffer injury.

An injury is a voluntary offending of another man contrary to the law.

Voluntary is that which a man does with knowledge, and without compulsion.

The causes of voluntary actions are intemperance, and a vicious disposition concerning things desirable. As the covetous man does against the law out of an intemperate desire of money.

All actions proceed either from the doer’s disposition, or not. Those that proceed not from the doer’s disposition, are such as he does by chance, by compulsion, or by natural necessity. Those that proceed from the doer’s disposition, are such as he does by custom, or upon premeditation, or in anger, or out of intemperance.

By chance are said to be done those things, whereof neither the cause nor the scope is evident; and which are done neither orderly, nor always, nor most commonly after the same manner.

By nature are said to be done those things, the causes whereof are in the doer; and are done orderly, and always or for the most part after the same manner.

By compulsion are done those things, which are against the appetite and ordination of the doer.

By custom those actions are said to be done, the cause whereof is this, that the doer has done them often.

Upon premeditation are said to be done those things, which are done for profit, as the end or the way to the end.

In anger are said to be done those things, which are done with a purpose of revenge.

Out of intemperance are said to be done those things, which are delightful.

In sum, every voluntary action tends either to profit or pleasure.

The colours of profitable, are already set down. The colours of that which is pleasing, follow next.

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