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THE NATURE AND CAUSES OK

in particular, are necessarily interested to support that orderof things, which can alone secure them in the possession oftheir own advantages. Men of inferior wealth combine todefend those of superior wealth in the possession of theirproperty, in order that men of superior wealth may combineto defend them in the possession of theirs. All the inferiorshepherds and herdsmen feel that the security of their ownherds and flocks depends upon the security of those of thegreat shepherd or herdsman; that the maintenance of theirlesser authority depends upon that of his greater authority,and that upon their subordination to him depends his powerof keeping their inferiors in subordination to them. Theyconstitute a sort of little nobility, who feel themselves inte-rested to defend the property and to support the authority oftheir own little sovereign, in order that he may be able todefend their property and to support their authority. Civilgovernment, so far as it is instituted for the security of pro-perty, is in reality instituted for the defence of the rich againstthe poor, or of those who have some property against thosewho have none at all.

The judicial authority of such a sovereign, however, farfrom being the cause of expense, was for a long time a sourceof revenue to him. The persons who applied to him for jus-tice were always willing to pay for it, and a present neverfailed to accompany a petition. After the authority of thesovereign too was thoroughly established, the person foundguilty, over and above the satisfaction which he was obligedto make to the party, was likewise forced to pay an amerce-ment to the sovereign. He had given trouble, he had dis-turbed, he had broke the peace of his lord the king, and forthose offences an amercement was thought due. In the Tar-tar governments of Asia, in the governments of Europe whichwere founded by the German and Scythian nations who over-turned the Roman empire, the administration of justice wasa considerable source ot revenue, both to the sovereign, andto all the lesser chiefs or lords who exercised under him anyparticular jurisdiction, either over some particular tribe orclan, or over some particular territory or district. Originallyboth the sovereign and the interior chiefs used to exercisethis jurisdiction in their own persons. Afterward they uni-versally found it convenient to delegate it to some substitute,bailiff, or judge. This substitute, however, was still obligedto account to his principal or constituent for the profits of