ADVANCEMENT OF LEARNING 291 



69. Nor do we approve of tedious preambles at the head of laws: 

 they were anciently held impertinent, as introducing laws in the way 

 of dispute, not in the way of command. But as we do not suit our- 

 selves to the manners of the ancients, these prefaces are now generally 

 used of necessity, not only as explanations, but as persuasives to the 

 passing of the law in the assemblies of states, and likewise to satisfy 

 the people; yet as much as possible let preambles be avoided, and the 

 law begin with commanding. 



70. Though the intent and mind of the law may be sometimes drawn 

 from these preambles, yet its latitude and extent should by no means 

 be derived from them; for the preamble frequently fixes upon a few of 

 the more plausible and specious particulars, by way of example, whilst 

 the law itself contains many more; or on the contrary, the law re- 

 strains and limits many things, the reason whereof it were not neces- 

 sary to insert in the preamble; wherefore the extent of the law is to 

 be derived from the body of the law, the preamble often exceeding 

 or falling short of this extent. 



71. There is one very faulty method of drawing up the laws, viz., 

 when the case is largely set forth in the preamble, and then by the 

 force of the word which, or some such relative, the body of the law is 

 reflected back upon the preamble, and the preamble inserted and incor- 

 porated in the body of the law; whence proceed both obscurity and 

 danger, because the same care is not usually employed in weighing 

 and examining the words of the preamble, as the words of the law itself. 



Different methods of expounding laws and solving doubts 



72. There are five ways of interpreting the law, and making it clear; 

 viz., i. by recording of judgments; 2. by instituting authentic writers; 

 3. by auxiliary books; 4. by readings; and, 5. by the answers or counsel 

 of qualified persons. A due use of all these affords a great and ready 

 assistance in clearing the laws of their obscurity. 



Reports of judgments 



73. And above all, let the judgments of the supreme and principal 

 courts be diligently and faithfully recorded, especially in weighty 

 causes, and particularly such as are doubtful, or attended with difficulty 

 or novelty. For judgments are the anchors of the laws, as laws are 

 the anchors of states. 



74. And let this be the method of taking them down: I. Write the 

 case precisely, and the judgments exactly, at length; 2. Add the rea- 

 sons alleged by the judges for their judgment; 3. Mix not the authority 

 of cases, brought by way of example, with the principal case; 4. And 

 for the pleadings, unless they contain anything very extraordinary, 

 omit them. 



75. Let those who take down these judgments be of the most learned 

 counsel in the law, and have a liberal stipend allowed them by the 

 public. But let not the judges meddle in these reports, lest, favoring 

 their own opinions too much, or relying upon their own authority, they 

 exceed the bounds of a recorder. 



