202 Of the Advancement of Learning. L i b. Vill. 



II. Ail they which have wfitfein of Laws, have handled that Ar- 

 gument either as Philofophers, or as Lawyers, and none as States- 

 men. As for Philofophers, they propound many thib'g^ goodly fo* 

 difcourfe, but remote from ufe. For the Lawyers^ they are manci- 

 pated and wholly devoted every one to the Laws of the State where 

 they live, or to the Placits of the Et»perial or Fontificdl Laws, and 

 cannot ufe impartial and fincere judgement j but difcoutft as out of 

 Gives and Fetters. Certainly this kind of knowledge pertains pro- 

 perly to States-men j who can befl: difcern what humane fociety is 

 capable of; what makes for the weal of the publick, What natural 

 equity is, what the law of Nations, thecuftom of Countries, the 

 divers and different forms of States. and Republicks; and therefore 

 are able to difcern and judge of Laws, from the Principles, both of 

 natural Equity and Policy. ' Wherefore the bufinefs in hand is , to 

 have recourfe unto, and make enquiry of the Fountains of Jujitce^ 

 and of VHblickutility, and in every part of Law to repi^efent a kind 

 of Chara^er and idea of that which is juji 5 by which general mark 

 and direftion he that fhall intend his mind and ftudies that way, may 

 try and examine the feveral laws of particular Kingdoms and Elates 5 

 and from thence endeavour an emendation. Wherefore ahtx our ac^ 

 cuftom'd manner we will, in ons Ti(le propound an example thereof 



EXAMPLE 



^ Of a Trcatife touching Vniirerfaljnjiicefir the Foutitainf 

 rl%^ unP' of Law in one Tide by way of Aphorifnt, 



VERSALIS ■' 



Gve deFon- 



tibus Juris. THE I^R.OEM. 



ATHORIS M I. 



IN Civil fociety either Lavo or Tower prevails 5 for there is a ToWet 

 which pretends Law, and fome Law taftes rather of Might thaa 

 Right. Wherefore there is a threefold Fountain of Injujiicej Mere 

 Power i Cunning //7<i^«e^/?t7« under colour of Law 3 and the HarJIj 

 nefof Law itfelf 



fj- 



APHORISM n. 



The force and efficacy of Private Right is this. He that doth a 

 wrong, by the Fai^, receives Profit or Pleafure ; by the Example , 

 incurs Prejudice and Peril : others are not Partners with him in his 

 Profit or Pleafure 5 but they take themfelves interreffed in the Exam- 

 ple 5 and therefore eafily combine and accord together , to (ecure 

 themfelves by Laws , left injuries by turns feife upon every par- 

 ticular. But if thorough the corrupt humour of the times , anfl 

 the generality of guilt, it fall out, that to the greater number and 

 the more Potent, danger is Athcr created than avoided , by fuch a 

 Liw 5 f aftion difanuls that LdJTjwhich often comes to pafs. 



A PHO* 



