414: ADVANCEMENT OF LEARNING 



Answers and consultations 



LXXXIX. Some method ought to be taken for solving 

 and putting an end to particular doubts which arise from 

 time to time; for it is a hard thing, if they who desire to 

 keep clear of error, should find no one to set them right, 

 but that their actions must be still endangered, without any 

 means of knowing the law, before the case is determined. 



XG. But we approve not that the answers of prudent 

 men, whether counsellors or professors of law, given to 

 such as ask their advice, should have so great authority, as 

 that the judge might not lawfully depart from their opmioD. 

 Let points of law be taken from sworn judges. 



XCI. We approve not that judgments should be tried by 

 feigned cases and persons, with a view to predetermine what 

 will be the rule of law; for this dishonors the majesty of 

 laws, and should be judged as a prevarication. Besides, tis 

 monstrous for judgments to copy the stage. 



XCI1. Therefore let as well judgments as answers and 

 advice proceed from none but the judges, the former in suits 

 depending, and the latter in the way of opinion upon diffi 

 cult points of law. But these notices, whether in private or 

 public affairs, are not to be expected from the judges them 

 selves, for that were to make the judge a pleader; but from 

 the prince or state: and let them recommend it to the judges, 

 who, invested with such authority, are to hear the arguments 

 on both sides, and the pleadings of the counsel employed 

 either by those whom it concerns, or appointed by the judges 

 themselves if necessary; and after the matter is weighed, let 

 the judges declare the law, and give their opinion; and such 

 kind of opinions should be recorded and published among 

 judged cases, and be reckoned of equal authority with them. 



Prelections 



XCIII. Let the readings upon the law, and the exercises 

 of such as study it, be so instituted and ordered, that all 

 things may tend to the resolving and putting an end, and 

 not to the raising and maintaining of questions and contro 

 versies in the law. But at present a school seems every- 



