29 o BACON 



62. But in such a second birth of the law, and such a recompilement 

 of the ancient books and laws, the very words and text of the law 

 itself should be retained; and though it were necessary to collect them 

 by fragments and small portions, they may afterwards be regularly 

 wove together. For allowing it might perhaps be more commodious, 

 and with regard to the true reason of the thing, better, to do it by a new 

 text than by such kind of patchwork, yet in the law, style and de- 

 scription are not so much to be regarded as authority, and its patron 

 antiquity; otherwise this might rather seem a work of mere scholarship 

 and method than a corps of majestic laws. 



63. 'Twere advisable, in making this new digest, not utterly to abolish 

 the ancient volumes, and give them up to oblivion, but suffer them at 

 least to remain in some library, though with a prohibition of their 

 common use; because in weighty cases it might be proper to consult 

 and inspect the revolutions and series of ancient laws. "Pis also a 

 solemn thing to intermix antiquity with things present. And such a 

 new body of laws ought to receive the sanction of all those who have 

 any legislative power in the state, lest under a pretence of digesting 

 the old laws new ones should be secretly obtruded. 



64. 'Twere to be wished that such a recompilement of the laws might 

 be undertaken in such times as excel the ancient (whose acts and works 

 they model anew) in point of learning and universal knowledge; the 

 contrary whereof happened in the work of Justinian. For 'tis an un- 

 fortunate thing to have the works of the ancients mangled, and set 

 together again at the discretion and choice of a less prudent and less 

 learned age. But it often happens that what is necessary is not best. 



Obscure and involved exposition of laws 



65. Laws are obscurely described either I. through their loquacity 

 and superfluity of words; 2. through over-conciseness; or, 3. through 

 their preambles contradicting the body of the law. 



66. We at present treat of the obscurity which arises from their ill 

 description, and approve not the loquacity and prolixity now used in 

 drawing up the laws, which in no degree obtains what is intended by 

 it, but rather the contrary; for whilst it endeavors to comprehend and 

 express all particular cases in apposite and proper diction (as expect- 

 ing greater certainty from thence), it raises numerous questions about 

 terms, which renders the true and real design of the law more difficult 

 to come at through a huddle of words. 



67. Nor yet can we approve of a too concise and affected brevity, used 

 for the sake of majesty and authority, especially in this age; lest the 

 laws should become like the Lesbian rule. A mediocrity, therefore, 

 is to be observed, and a well defined generality of words to be found, 

 which though it does not accurately explain the cases it comprehends, 

 yet clearly excludes those it does not comprehend. 



68. Yet in the ordinary politic laws and edicts, where lawyers are 

 seldom consulted, but the politicians trust to their own judgment, 

 things ought to be largely explained and pointed out to the capacity 

 of the vulgar. 



