S48 ADVANCEMENT OP LEARNING. [BOOK VIII. 



judge of laws by the principles and precepts, as well oi na- 

 tural 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 i*. 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 endeavour 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., 1. Mere force; 2. Mali- 

 cious ensnaring under colour 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 ; whilst 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 it it 

 should happen, from the nature of the times, and a commu- 

 nion 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. 



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. 



° Compare Morhof s "Polyhistor," torn. iii. lib. vi. De Jurisprudentia 

 universalis Scriptoribus ; " Struvii Bibliothec. Philosoph." cap. 6, 7, 

 De Scr'.ptoribus Politicis ; and " Stollii Jntroduct, in Hist, \A%^X^ 

 p. 753, &'>•., P^ Jur« Ni^turft}-, %i, 



