398 ADVANCEMENT OF LEARNING 



VII. But before we proceed to the body of particular 

 laws, we will briefly touch upon the excellences and dig 

 nities of laws in general. Now, that may be esteemed a 

 good law which is 1, clear and certain in its sense; 2, just 

 in its command; 3, commodious in the execution; 4, agree 

 able to the form of government; and, 5, productive of virtue 

 in the subject. 16 



TITLE I 

 Of that primary dignity of the law, certainty 



VIII. Certainty is so essential to a law, that a law with 

 out it cannot be just; for if the trumpet gives an uncertain 

 sound, who shall prepare himself to the battle ? 17 So if the 

 law has an uncertain sense, who shall obey it? A law, 

 therefore, ought to give warning before it strikes: and it 

 is a true maxim, that the best law leaves least to the breast 

 of the judge; which is effected by certainty. 



IX. Laws have two uncertainties the one where no law 

 is prescribed, the other when a law is ambiguous and ob 

 scure; wherefore we must first speak of cases omitted by 

 the law, that in these also may be found some rules of 

 certainty. 



Cases omitted in law 



X. The narrowness of human prudence cannot foresee 

 all the cases that time may produce. Whence new cases, 

 and cases omitted, frequently turn up. And for these there 

 are three remedies or supplies; viz., 1, by proceeding upon 

 analogy: 2, by the use of precedents, though not yet 

 brought into a law; and 3, by juries, which decree accord 

 ing to conscience and discretion, whether in the courts of 

 equity or of common law. 



Application and extension of laws 



XI. 1. In cases omitted, the rule of law is to be deduced 

 from similar cases, but with caution and judgment. And 

 here the following rules are to be observed: Let reason be 



16 These are so many several titles, or general heads, laid down by the 

 author, as if he intended a full treatise upon the subject; but he here only 

 considers the first of them. Shaw. 



17 I. Cor. xiv. 8. 



