ions; but to direct and keep them in
such a motion, as not to hurt themselves by their own impetuous desires,
rashnesse, or indiscretion, as Hedges are set, not to stop Travellers,
but to keep them in the way. And therefore a Law that is not Needfull,
having not the true End of a Law, is not Good. A Law may be conceived to
be Good, when it is for the benefit of the Soveraign; though it be
not Necessary for the People; but it is not so. For the good of the
Soveraign and People, cannot be separated. It is a weak Soveraign, that
has weak Subjects; and a weak People, whose Soveraign wanteth Power to
rule them at his will. Unnecessary Lawes are not good Lawes; but trapps
for Mony: which where the right of Soveraign Power is acknowledged, are
superfluous; and where it is not acknowledged, unsufficient to defend
the People.
Such As Are Perspicuous
The Perspicuity, consisteth not so much in the words of the Law it
selfe, as in a Declaration of the Causes, and Motives, for which it was
made. That is it, that shewes us the meaning of the Legislator, and the
meaning of the Legislator known, the Law is more easily understood
by few, than many words. For all words, are subject to ambiguity;
and therefore multiplication of words in the body of the Law, is
multiplication of ambiguity: Besides it seems to imply, (by too much
diligence,) that whosoever can evade the words, is without the compasse
of the Law. And this is a cause of many unnecessary Processes. For when
I consider how short were the Lawes of antient times; and how they
grew by degrees still longer; me thinks I see a contention between the
Penners, and Pleaders of the Law; the former seeking to circumscribe
the later; and the later to evade their circumscriptions; and that the
Pleaders have got the Victory. It belongeth therefore to the Office of
a Legislator, (such as is in all Common-wealths the Supreme
Representative, be it one Man, or an Assembly,) to make the reason
Perspicuous, why the Law was made; and the Body of the Law it selfe, as
short, but in as proper, and significant termes, as may be.
Punishments
It belongeth also to the Office of the Soveraign, to make a right
application of Punishments, and Rewards. And seeing the end of punishing
is not revenge, and discharge of choler; but correction, either of the
offender, or of others by his example; the severest Punishments are to
be inflicted for those Crimes, that are of most Danger to the
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