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
Publique; such as are those which proceed from malice to the Government
established; those that spring from contempt of Justice; those that
provoke Indignation in the Multitude; and those, which unpunished, seem
Authorised, as when they are committed by Sonnes, Servants, or Favorites
of men in Authority: For Indignation carrieth men, not onely against the
Actors, and Authors of Injustice; but against all Power that is likely
to protect them; as in the case of Tarquin; when for the Insolent act of
one of his Sonnes, he was driven out of Rome, and the Monarchy it selfe
dissolved. But Crimes of Infirmity; such as are those which proceed
from great provocation, from great fear, great need, or from ignorance
whether the Fact be a great Crime, or not, there is place many times for
Lenity, without prejudice to the Common-wealth; and Lenity when there is
such place for it, is required by the Law of Nature. The Punishment of
the Leaders, and teachers in a Commotion; not the poore seduced People,
when they are punished, can profit the Common-wealth by their example.
To be severe to the People, is to punish that ignorance, which may in
great part be imputed to the Soveraign, whose fault it was, they were no
better instructed.
Rewards