Introduction

Aphorism I. Either law or force prevails in civil society. But there is some force that resembles law, and some law that resembles force more than justice; whence there are three fountains of injustice; viz., 1. Mere force; 2. Malicious insnaring under color of law; and 3. The severity of the law itself.

II. The ground of private right is this: He who does an injury receives profit or pleasure in the action, and incurs danger by the example; while others partake not with him in that profit or pleasure, but think the example concerns them; whence they easily agree to defend themselves by laws, lest each particular should be injured in his turn. But if it should happen, from the nature of the times, and a communion of guilt, that the greater or more powerful part should be subject to danger, rather than defended from it by law, faction here disannuls the law; and this case frequently happens.

III. 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.

IV. 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.

V. For the end and scope of laws, whereto all their decrees and sanctions ought to tend, is the happiness of the people; which is procurable—1, 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 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.

VII. But before we proceed to the body of particular laws, we will briefly touch upon the excellences and dignities 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, agreeable to the form of government; and, 5, productive of virtue in the subject.