The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
The perspicuity, consisteth not so much in the words of the law itself,
as in a declaration of the causes, and motives for which it was made.
That is it, that shows 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 compass of the law. And
this is a cause of many unnecessary processes. For when I consider how
short were the laws of ancient times; and how they grew by degrees still
longer; methinks I see a contention between the penners, and pleaders of
the law; the former seeking to circumscribe the latter; and the latter
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 commonwealths 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 itself, as short, but in as proper, and significant
terms, as may be.
[Sidenote: Punishments.]
It belongeth also to the office of the sovereign, 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 public;
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
authorized, as when they are committed by sons, servants, or favourites
of men in authority. For indignation carrieth men, not only 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 sons, he was driven out of Rome, and the monarchy itself
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 commonwealth; 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 poor seduced people,
when they are punished, can profit the commonwealth by their example. To
be severe to the people, is to punish that ignorance, which may in great
part be imputed to the sovereign, whose fault it was, that they were no
better instructed.
[Sidenote: Rewards.]