ADVANCEMENT OF LEARNING 397 



should be subject to danger, rather than defended from 

 it by law, faction here disannuls the law; and this case 

 frequently happens. 



III. But private right lies under the protection of public 

 laws: for law guards the people, and magistrates guard the 

 laws. But the authority of the magistrate is derived from 

 the majesty of the government, the form of the constitution, 

 and its fundamental laws; whence, if the political constitu 

 tion be just and right, the laws will be of excellent use; 

 but if otherwise, of little security. 



IY. Public law is not only the preserver of private right, 

 so as to keep it unviolated and prevent injuries, but extends 

 also to religion, arms, discipline, ornaments, wealth, and all 

 things that regard the good of a state. 



Y. For the end and scope of laws, whereto all their 

 decrees and sanctions ought to tend, is the happiness of 

 the people; which is procurable 1, by rightly instructing 

 them in piety, religion, and the duties of morality ; 2, secur 

 ing them by arms against foreign enemies: 3, guarding them 

 by laws against faction and private injuries; 4, rendering 

 them obedient to the government and magistracy; and, 5, 

 thus causing them to flourish in strength and plenty. But 

 laws are the instruments and sinews for procuring all this. 



YL The best laws, indeed, secure this good end, but 

 many other laws fail of it; for laws differ surprisingly 

 from one another, insomuch that some are 1, excellent; 

 others, 2, of a middle nature; and 3, others again absolutely 

 corrupt. We shall, therefore, here offer, according to the 

 best of our judgment, certain laws, as it were, of laws; 16 

 from whence an information may be derived as to what is 

 well or what is ill laid down, or established by particular 

 laws. 



15 As laying down the just foundations and rules of the law ; for the law itself 

 is governed by reason, justice and good sense. But perhaps these aphorisms of 

 the author follow the particular law of England too close to be allowed by other 

 nations for the foundations of universal justice, which is a very extensive sub 

 ject. See &quot;Struvii Bibliothec. Philosoph.&quot; cap. 8, De Scriptoribus Juris Naturae 

 et Gentium. Ed. 



