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Show 182 rm 2: OfCOMMDN-WEALTH. Chapgo. Jufi Law: for no Law can be Unjiiit, The Law is made by the Soveraign Power, and all that is done by inch Power, is warranted, and owned by every one of the people 3 and that which every man will have to, no man can fay is unjuit. it is in the Lawes of a Common- wealth, as in the Lawes of Gaming : whatioeverthe Gameflers all agree on, is Injuilice to none of them. A good Law is that, which is Sm'l) 44 are aweccfitr]. Needfull, for the Good of the People, and withall Pcr/picuaw. For the ui'e of Lawes,( which are but Rules Authorifed , is not to bind the People from all Voluntary aetions; but to direct and keep them in fuch a motion, as not to hurt themfelves by their own impetuous deiii‘es, railmeilepr indifcretion , as Hedwes are fer, not to {top The Puniihment ot' the Leaders, and teachers in a Commotion; not rated. It is a weak Soveraign, that has weak Subjects; and a Weak .V v- fary Procei es. For when I confider how ihort were the Lawes of antient times; and how they grew by degrees {till longer; me thinks Ifee acontention between the Penners, and Pleaders of the Law; the former feeking to circumfcribe the lateraand the later to evade their Circumfcriptions; and that the Pleaders have got the Viétory. It belongeth therefore to the Office of a Legiflaror, . fuch as is in all Common-wealths the Supreme Reprefentative, be it one Man, or an Airembly, ) to make the reai'on Peripicuous, why the Law was made 5 and the Body of the Law it felfe,as ihort, but in as proper, _, (erg-v ., ‘ ' ‘ j_._-.,:‘-~.,.3‘ ‘% «1;, m .-.-.-,.‘ mMA-p . People, whofe Soveraign wanteth Power to rule them at his wril. Unnecefl'ary Lawes are not good Lawes -, but trapps for Mony : which where the right of Soveraign Power is acknowledged are fuperfluous 5 and where it is not acknowledged,unfuifieient to defend the People. The Perfpicuity, confifleth not ('0 much in the words of the Law it felfe, as in a Declaration of the Caufes, and Motives, for which it was made. Thatis it, that (hewes us the meanin of the Legiflaror; and the meaning of the Legiflaror known, the aaw is more eafily underflood by few, than many words. For all words, are fubjeét to ambiguity ,and therefore multiplication of words in the body of the Law, is multiplication of ambiguiry:Befides it feems to imply, ( by too much diligence, ) that whofoever can evade the words, is without the com afle of the Law. And this is a caufe of many unnecef- and fignificant termes, as may be. (Puizxflmlntr. when there is fuch place for it, is required by the Law of .Nature the poore feduced People, when they are puniflied, can profit the Common-wealth by their example. To be fevere to the People, is to punifh that ignorance, which may in great part be imputed to the Soveraign, whole fault it was, they were no better initrutfted. In like manneritbelongeth tothe Qifice, and Duty of the Sove- not {0. For the good of the Soveraign and People, cannor be fepa- ‘I'crfptmom. for Lenity, without prejudice to the Common-wealth; and Lenny is not Needfull, having not the true End of a Law, is not Good. A Law may be conceived to be Good, when it is for the benefit of It belongeth alfo to the Office of the Soveraign, to make a right application of Punifliments, and Rewards. And feeing the end of punifhing is not revenge, and difcharge of choler; but correction, either or the oifender, or ofothers b his example 5 the fevereit Pll‘ nilhments are to be infliéted for tho e Crimes, that are of molt Danger to the Publique -, {uch as are thofe which proceed from malice to the Government eitabliihed ; thofe that {pring from contempt of Juilice ,tlioie that provoke Indignation in the Multitude -, and their, which 183 whether the Faét be a great Crime, or not, there is place many times Travellers, but to keep them in the way. And therefore a Law that the Soveraign ,though itbe not Neceilary' for the People :, but it is S«ch :14 an agitator. DfCOMMON-WEALTH. Part2. which unpuniihed, feem Authorifed, as when they are committed by Sonnes, Servants, or Favorites of men in Authority : For Indignation carrieth men, not onely againil the'Atftors, and Authors of In- juitice ; but againft all Power that 15 likely to protect them‘; as in the cafe of Tarquin -, when for the Infolent cuff of one of his‘Sonnes, he was driven out of Rome , and the Monarchy it felfe difl‘OlVCd. But Crimes of Infirmity-7 fuch as are thoie which proceed from great pl‘OVOCation , from great'feai', great need ,. or from ignorance I? fr'htrdh raign, to apply his Rewards alwayes 10, as there may artfe from them benefitto the Common-wealth: wherein confifieth their Llie, and End;and isthen done, when theythat have well ferved the Common-wealth, are with as little expence of the Common Treafure, as is poffible, (0 well recompenced, as others thereby may be encouraged, borh to ferve the fame as faithfully as they can, and to {lady the arts by which they may be enabled to do it better. To buy with Mony, or Preferment,from 21 Popular ambitious Subjeét,to be quiet, and deiiit from making ill impreffions in the mindes of the People, has nothing of the nature of Reward; (which is ordained not for diflervice, but for fervice path) nor a figne of Gratitude, but of Fear: nor does it tend to the Benefit,but to the Dammage ofthe Publique.1t is a contention with Ambition, like that of Hercules with the Moniler Hydra, which having many heads, for every one that was vanquiihed, there grew up three, For in like manner, when the {tubbornneil'e ofone Popular man, is overcome with Reward, there arife many more ( by the Example )that do the fame Mifchiefe, in hope of like Benefitzand as all forts of Manifaé‘ture, fo alfo Malice en- creafeth by being vendible. And though fontcrimes a Civill warre, may be diEerred, by inch wayes as that, yet the danger growes {till the greater, and the Publique ruine more aifiired. It is therefore againil the Ditty of the Soveraign, to whom the Publique Safety is committed, to Reward thofe that aipire to greatneife by diflurbing the Peace of their Country, and not rather to oppoie the begin;ings of fuch men, With a little danger, than after a longer time with teater, Anorher Bufinefle of the Soveraign, is to choofe good Counfel- Cc.;.rtf:!."mr;. ' 1011531 mean fuch, whole advice he is to take in the Government of the Common-wealth. For this word Counfell, Coafilium, Corfu _ te from Caefidmm, is of a large iignificition, and 'comprehendeth iasllniohlijceénblies of men that fit together, not onely to deliberate what 0‘16 hfrcafter, but alfo to )udge of Faéts pail, and of Law for |