364 ADVANCEMENT OP LEARNING. [BOOK VIII. 



ment, that they may fairly represent, and not steal from the 

 laws. 



LXXXVIII. Let different forms of pleading be collected 

 in every kind, for this tends to practice ; and doubtless they 

 lay open the oracles and mysteries of the law, which conceals 

 many such. And these are better and more fully displayed 

 in forms of pleading than otherwise, as the hand is better 

 seen when opened. 



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. 



XC. 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 opinion. Let 

 points of law be taken from sworn judges. 



XCI. We approve not that judgments should be tried by 

 feigned causes and persons, with a view to predetermine what 

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

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

 monstrous for judgments to copy the stage. 



XCII. 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 difficult 

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

 affairs, are not to be expected from the judges themselves, 

 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 

 iudged cases, and be reckoned of equal authority with 

 them. 



