Stephani de Malescot Iuriscos. ac Belarborensis Theophilologi, de Nuptiis Liber Paradoxicus, nova & recenti methodo compositus

receive the ten pieces left to her as a legacy. Because the knowledge of copulation or intercourse is strictly between spouses. Nor does it concern the heir, since the contract of matrimony is established for him. For it is not copulation alone that makes a marriage, but the plea and consent of the contractors for the same thing. That is, it is the efficient cause of marriage, as the Popes assert from the opinion of Isidorus. Hence the Jurist used the word "Makes" Latin: "Facit", which is properly understood regarding an efficient cause. Whence Varro says that it is called "to make" Latin: "facere" from "face" Latin: "facies", because he who makes something imposes a face upon the thing: as a sculptor, when he says, "I fashion" Latin: "Fingo", imposes a figure; when he says, "I inform" Latin: "Informo", he imposes a form; so when he says, "I make" Latin: "Facio", he imposes a face, from which face it is distinguished, so that one can say it is one thing to be a garment, another to be a vessel. Thus, likewise, things are made by smiths, sculptors, and others. He who administers something whose work does not exist, which does not come under the senses, is thought to act Latin: "agere" rather than to make Latin: "facere" from the agitation; though sometimes it is accustomed to be adapted metaphorically to other things. Aristotle in the first book of his Politics shows what the difference is between poiein to make and prattein to act, that is, making and acting. For making refers rather to mechanical arts, the instruments of which are not possessed simply, but are accustomed to be had for the sake of another, so that through their administration some work might be finished, as we procure a comb,

e Law "When it shall be," regarding conditions and demonstrations.

f Chapter 1, 27 question 2.

g Book 5, on the Latin language.