CHAP, lit J CERTAINTY ESSBNTU6 TO LAW. 849 



TV. Public law is not only the preserver of private right, 

 fo 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. 



V. For the end and scope of lawsj whel'eto all their de- 

 crees and sanctions ought to tend, is the happiness of the 

 people; which is procurable,-^!, 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. rendering 

 them obedient to the government and magistracy; and, 

 5. thus causing them to flourish in strength and plenty. 

 But laws are the instruments and sinews for procuring all 

 this. 



VI. 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, — 1. excellent; others, 

 2. of a middle nature; and, 3. others again absolutely cor- 

 rupt. 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. 



VII. But before we proceed to the body of particular 

 laws, we will briefly touch upon the excellencies 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.'! 



TITLE I. 

 Of that primar}'^ dignity of tlie law, certainty. 



VIII. Certainty is so essential to a law, that a law without 

 it cannot be just ; for if the trumpet gives an uncei-tain 



P As laying down the just foundations and rules of the law ; for the 

 law itself is governed by r<^ason, justice, and good sense. But perhaps 

 these aphorisms of the author follow the particular law of England too 

 close to be allowed by other nations for the foundations ot universal 



4'ustice, which is a very extensive subject. See " Struvii Bibliothec. 

 :*hilosoph." cap. 8, De Scriptoribus Juris Naturae et Gentium. £d. 



1 These are so many several titles, or general heads, laid down by th« 

 wjthor, as if he intended a full tre,atise upon the subject ; but he herf 

 only considers the fii-st of them. IShaw. 



