CHAPTER X.

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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