264 THE PRINCIPLES OF SCIENCE. [chap. 



A number of such coincidences, often of a very curious 

 character, might be adduced, and the probability against 

 the occurrence of each is enormously great. They must 

 be attributed to chance, because they cannot be shown 

 to have the slightest connection with the general laws 

 of nature ; but persons are often found to be greatly in- 

 fluenced b)'' such coincidences, regarding them as evidence 

 of fatality, that is of a system of causation governing 

 human affairs independently of the ordinary laws of nature. 

 Let it be remembered that there are an infinite number of 

 opportunities in life for some strange coincidence to pre- 

 sent itself, so that it is quite to be expected that remark- 

 able conjunctions v/ill sometimes happen. 



In all matters of judicial evidence, we must bear in 

 mind the probable occurrence from time to time of un- 

 accountable coincidences. The Roman jurists refused for 

 this reason to invalidate a testamentary deed, the wit- 

 nesses of which had sealed it with the same seal. For 

 witnesses independently using their own seals might be 

 found to possess identical ones by accident.^ It is well 

 known that circumstantial evidence of apparently over- 

 whelming completeness will sometimes lead to a mistaken 

 judgment, and as absolute certainty is never really attain- 

 able, every court must act upon probabilities of a high 

 amount, and in a certain small proportion of cases they 

 must almost of necessity condenm the innocent victims 

 of a remarkable conjuncture of cii'cumstances.^ Popular 

 judgments usually turn upon probabilities of far less 

 amount, as when the palace of Nicomedia, and even 

 the bedchamber of Diocletian, having been on fire twice 

 within fifteen days, the people entirely refused to believe 

 that it could be the result of accident. The Romans 

 believed that there was fatality connected with the name 



of Sextus. 



" Semper sub Sextis perrlita Roma fuit." 



The utmost precautions will not provide against aU 

 contingencies. To avoid errors in important calculations, 



1 Possunt autem omiies testes et uno aiinulo signare testamentum 

 Quid ewm si septem annuli una sculptura fuerint, secundum quod 

 Pompoiiio visum est 1 — Justinian, ii. tit. x. 5. 

 - See Wills on Circumstaniial Evidence, p. 148. 



