396 ADVANCEMENT OF LEARNING 



road of use; while the lawyers, being bound and subject to 

 the decrees of the laws prevailing in their several countries, 

 whether Eoman or pontifical, have not their judgment free, 

 but write as in fetters. This doctrine, doubtless, properly 

 belongs to statesmen, who best understand civil society, the 

 good of the people, natural equity, the customs of nations, 

 and the different forms of states; whence they are able to 

 judge of laws by the principles and precepts, as well of nat 

 ural justice as of politics. The present view, therefore, is 

 to discover the fountains of justice and public good, and in 

 all the parts of equity to give a certain character and idea 

 of what is just, according whereto those who desire it may 

 examine the laws of particular kingdoms and states, and 

 thence endeavor to amend them. And of this doctrine we 

 shall, in our usual way, give an example, aphoristically, in 

 a single title. 



A SPECIMEN OF THE METHOD OF TREATING UNIVERSAL JUSTICE, OR 



THE FOUNTAINS OF EQUITY 14 

 Introduction 



APHORISM I. Either law or force prevails in civil society. 

 But there is some force that resembles law, and some law 

 that resembles force more than justice; whence there are 

 three fountains of injustice; viz., 1. Mere force; 2. Mali 

 cious insnaring under color of law; and 3. The severity 

 of the law itself. 



II. The ground of private right is this: He who does an 

 injury receives profit or pleasure in the action, and incurs 

 danger by the example; while others partake not with him 

 in that profit or pleasure, but think the example concerns 

 them; whence they easily agree to defend themselves by 

 laws, lest each particular should be injured in his turn. But 

 if it should happen, from the nature of the times, and a com 

 munion of guilt, that the greater or more powerful part 



14 Compare Morhof s &quot;Polyhistor, &quot; torn. iii. lib. vK De Jurisprudent^ 

 universalis Scriptoribus ; &quot;Struvii Bibliothec. Philosoph.&quot; cap. 6, 7, De Scrip- 

 toribus Politicis; and &quot;Slollii Introduct. in Hist. Liter.&quot; p. 753, etc., De Jure 

 Naturali. Ed. 



