CHAP. III.] CAUSES OF OBSCURITY IN LAWS. 359 



weighty cases it might be proper to consult and inspect the 

 revolutions and series of ancient laws. 'Tis 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 pre- 

 tence of digesting the old laws new ones should be secretly 

 obtruded. 



LXIV. *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 uniortunate 

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

 together again at the discretion and choice ol a less prudent 

 and less learned age. But it often happens that what is 

 necessary is not best. 



Obscure and involved exposition ol laws. 



LXY. Laws are obscurely described either, — 1. through 

 their loquacity and superfluity of words; 2. through over- 

 conciseness ; or, 3. through their preambles contradicting 

 the body of the law. 



LXVI. 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 con- 

 traiy; for whilst it endeavours to comprehend and express 

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

 ing greater certainty from thence), it raises numerous ques- 

 tions about terms, which renders the true and real design 

 of the law more diflBcult to come at through a huddle of 

 words. 



LXVII. Nor yet can we approve of a too concise and 

 ilfected 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, 



• The Lesbians are said to have made their rules from their buildings ; 

 80 that it the buildings were erroneous, the rules they worked by became 

 BO too, and thus propagated the error : so il the laws were written con- 

 cise, as il drawn up in perfect times, or with an affectation of a sen- 

 tentious or majestic brevity, they might propagate errors, instead of 

 ooirecting them, 



