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3. But private right lies under the protection of public laws; for law 

 guards the people, and magistrates guard the laws. But the authority 

 of the magistrate is derived from the majesty of the government, the 

 form of the constitution, and its fundamental laws; whence, if the 

 political constitution be just and right, the laws will be of excellent 

 use; but if otherwise, of little security. 



4. Public law is not only the preserver of private right, so as to keep 

 it unviolated and prevent injuries, but extends also to religion, arms, 

 discipline, ornaments, wealth, and all things that regard the good of a 

 state. 



5. For the end and scope of laws, whereto all their decrees and 

 sanctions ought to tend, is the happiness of the people; which is pro- 

 curable i. By rightly instructing them in piety, religion, and the 

 duties of morality; 2. securing them by arms against foreign enemies; 



3. guarding them by laws against faction and private injuries; 4. ren- 

 dering them obedient to the government and magistracy; and, 5. thus 

 causing them to flourish in strength and plenty. But laws are the in- 

 struments and sinews for procuring all this. 



6. The best laws, indeed, secure this good end, but many other laws 

 fail of it; for laws differ surprisingly from one another, insomuch that 

 some are I. excellent; others, 2. of a middle nature; and 3. others 

 again absolutely corrupt. We shall, therefore, here offer, according 

 to the best of our judgment, certain laws, as it were, of laws; from 

 whence an information may be derived as to what is well or what is ill 

 laid down, or established by particular laws. 



7. But before we proceed to the body of particular laws, we will 

 briefly touch upon the excellencies and dignities of laws in general. 

 Now, that may be esteemed a good law which is I. clear and certain 

 in its sense; 2. just in its command; 3. commodious in the execution; 



4. agreeable to the form of government; and, 5. productive of virtue 

 in the subject. 



TITLE I 

 Of that primary dignity of the law, certainty 



8. Certainty is so essential to a law, that a law without it cannot 

 be just; for if the trumpet gives an uncertain sound, who shall prepare 

 himself to the battle ?n 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. 



9. Laws have two uncertainties the one where no law is prescribed, 

 the other when a law is ambiguous and obscure; wherefore we must 

 first speak of the cases omitted by the law, that in these also may be 

 found some rules of certainty. 



Cases omitted in law 



10. The narrowness of human prudence cannot foresee all the cases 

 that time may produce. Whence new cases, and cases omitted, fre- 

 quently turn up. And for these there are three remedies or supplies; 



