2 g 2 BACON 



honor of the triumph as peculiar to themselves and their sons upon re- 

 turning from the wars whereat they were present, and had brought to 

 a conclusion, only conferring their vestments and triumphal ensigns 

 upon the other leaders. 



But to conclude, though no man, as the Scripture testifies, can by 

 taking care add one cubit to his stature, that is, in the little model 

 of the human body; yet in the vast fabric of kingdoms and common- 

 wealths, it is in the power of kings and rulers to extend and enlarge 

 the bounds of empire; for by prudently introducing such laws, orders, 

 and customs as those above mentioned, and the like, they might sow 

 the seeds of greatness for posterity and future ages. But these coun- 

 sels seldom reach the ears of princes, who generally commit the whole 

 to the direction and disposal of fortune. 



The other desideratum we note in the art of government, is the doc- 

 trine of universal justice, or the fountains of law. They who have hith- 

 erto written upon laws were either as philosophers or lawyers; the 

 philosophers advance many things that appear beautiful in discourse, 

 but lie out of the road of use; whilst the lawyers, being bound and 

 subject to the decrees of the laws prevailing in their several countries, 

 whether Roman or pontifical, have not their judgment free, but write 

 as in fetters. This doctrine, doubtless, properly belongs to states- 

 men, who best understand civil society, the good of the people, nat- 

 ural 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 natural 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 par- 

 ticular 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 



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., 

 i. Mere force; 2. Malicious ensnaring under color of law; and, 3. The 

 severity of the law itself. 



2. 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; 

 whilst others partake not with him in that profit or pleasure, but think 

 the example concerns them ; whence they easily agree to defend them- 

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

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

 guilt, that the greater or more powerful part should be subject to 

 danger, rather than defended from it by law, faction here disannuls the 

 law ; and this case frequently happens. 



