And those things we remember, whether they pleased, or displeased, then when they were present.

And the things we hope for.

And Anger.

And to be in Love.

And Revenge.

And Victory.

Therefore,

Also contentious Games; as Tables, Chess, Dice, Tennis, etc. And Hunting.

And Suits in Law.

And Honour and Reputation amongst men in Honour and Reputation.

And to Love.

And to be Beloved and Respected.

And to be Admired.

And to be Flattered.

And a Flatterer: (for he seems both to love and admire).

And therefore the Art of Painting.

And the Art of Carving Images.
And the Art of Poetry.

And Pictures and Statues.

And other Mens Dangers, so they be near.

And to have escaped hardly.

And things of a kind please one another.

And every one himself.

And one's own pleases him.

And to bear Sway.

And to be thought Wise.

And to dwell upon that which he is good at.

And ridiculous Actions, Sayings, and Persons.

CHAP. XII.

Presumptions of Injury drawn from the Persons that do it: or Common Opinions concerning the Aptitude of Persons to do Injury.

Or the Causes which move to Injury, namely, Profit and Pleasure, has been already spoken, Chap. 6, 7, 11.

It follows next to speak of the Persons, that are apt to do Injury.

The Doers of Injury are,

Such as think they can do it.

And such as think to be undiscovered when they have done it.

And such as think, though they be discovered, they shall not be called in question for it.

And such as think, though they be called in question for it, that their Mulct will be less than their Gain, which either themselves or their Friends receive by the Injury.

Able to do Injury are,

Such as are Eloquent.

And such as are practised in Business.

And such as have skill in Process.

And such as have many Friends.

And Rich Men.

And such as have Rich Friends; or Rich Servants; or Rich Partners.

Undiscovered when they have done it, are,

Such as are not apt to commit the crimes whereof they are accused: as Feeble Men, Slaughter: Poor, and not Beautiful Men, Adultery.

And such as one would think could not chuse but be discovered.

And such as do Injuries, whereof there hath been no Example.

And such as have none, or many enemies.

And such as can easily conceal what they do.

And such as have some body to transfer the fault upon.
They that do Injury openly, are,

Such whose friends have been Injured.

And such as have the Judges for friends.

And such as can escape their Tryal at Law.
And such as can put off their Tryal.

And such as can corrupt the Judges.

And such as can avoid the payment of their Fine.
And such as can defer the payment.

And such as cannot pay at all.

And such as by the Injury get manifestly, much, and presently; when the Fine is uncertain, little, and to come.

And such as get by the Injury, money; by the penalty, shame only.

And such on the Contrary, as get honour by the Injury, and suffer the mulct of money, only, or banishment, or the like. And such as have often escaped, or been undiscovered. And such as have often attempted in vain.

And such as consider present pleasure, more than pain to come; and so intemperate men are apt to do Injury.

And such as consider pleasure to come, more than present pain; and so temperate men are apt to do Injury.

And such as may seem to have done it by Fortune, Nature, Necessity, or Custom; and by Error, rather than by Injustice. And such as have means to get pardon.

And such as want Necessaries, as poor men: or Unneces saries, as rich men.

And such as are of very good, or very bad Reputation.

CHAP. XIII.

Presumptions of Injury drawn from the Persons that suffer, and from the Matter of the Injury.

Or those that do Injury, and why they do it, it bath been already spoken.

Now of the persons that suffer, and of the Matter wherein they suffer, the common Opinions are these :

Persons obnoxious to Injury are,

Such as have the things that we want, either as necessary,

or as delightful.

And such as are far from us.

And such as are at hand.

And such as are unwary, and credulous.

And such as are lazy.

And such as are modest.

And such as have swallowed many Injuries.

And such as have Injured often before.

And such as never before.

And such as are in our danger.

And such as are ill beloved generally.

And such as are envyed.

And our Friends.

And our Enemies.

And such as, wanting friends, have no great ability either in speech or action.

And such as shall be losers by going to Law: as, Strangers, and Workmen.

And such as have done the Injuries they suffer.

And such as have committed a crime, or would have done, or are about to do.

And such as, by doing them an Injury, we shall gratifie our friends or superiours.

And such, whose friendship we have newly left, and accuse. And such as another would do the Injury to, if we should

not.

And such as by Injuring, we get greater means of doing good.

The Matters wherein men are obnoxious to Injury are, Those things wherein all, or most men use to deal unjustly. And those things which are easily hid, and put off into other hands, or altered.

And those things which a man is ashamed to have suffered. And those things wherein prosecution of Injury, may be thought a love of contention.

CHAP. XIV.

Of those Things which are necessary to be known for the Definition of Just and Unjust.

WHEN the fact is evident, the next Inquiry is, whether it be Just, or Unjust.

For the Definition of Just and Unjust, we must know what Law is: that is, what the Law of Nature, what the Law of

Nations; what the Law Civil, what written Law, and what unwritten Law is: and what Persons, that is, what a publick Person, or the City is; and what a private Person, or Citizen is.

Unjust in the opinion of all men, is that which is contrary to the Law of Nature.

Unjust in the opinion of all men of those Nations which traffick and come together, is that which is contrary to the Law common to those Nations.

Unjust only in one Common-wealth, is that which is contrary to the Law Civil, or Law of that Common-wealth.

He that is accused to have done any thing against the Publick, or a private Person, is accused to do it either ignorantly, or unwillingly, or in anger, or upon premeditation.

And because the Defendant does many times confess the fact, but deny the unjustice; as that he took, but did not steal; and did, but not adultery; it is necessary to know the Definitions of Theft, Adultery, and all other crimes.

What facts are contrary to the written Laws, may be known by the Laws themselves.

Besides written Laws, whatsoever is Just, proceeds from Equity or Goodness.

From Goodness proceeds that which we are praised, or honoured for.

From Equity proceed those actions, which though the written Law command not, yet being interpreted reasonably, and supplyed, seems to require at our hands.

Actions of Equity are such as these,

Not too rigorously to punish Errors, Mischances, or Injuries. To pardon the faults that adhere to Mankind.

And not to consider the Law so much, as the Law-makers mind; and not the Words so much, as the meaning of the Law1.

And not to regard so much the Fact, as the intention of the Doer; nor part of the Fact, but the Whole; nor what the Doer is, but what he has been always, or for the most part.

1 For, as the Quarterly Reviewer but too justly remarks, "To violate the spirit by obeying the letter, is often the painful duty of the judge; to make the letter conform to the spirit, is the privilege of the legislator;" and (he might have added) of the arbitrator, whose standard is equity. See Quarterly Review, vol. xxvii. p. 133.