294 BACON 



set them right, but that their actions must be still endangered, with- 

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



90. 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. 



91. 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 dishonors the majesty of laws, and should be judged as a pre- 

 varication. Besides, 'tis monstrous for judgments to copy the stage. 



92. 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, in- 

 vested 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 



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

 where opened for multiplying disputes, wranglings, and altercations 

 about the laws, in the way of showing the wit of the disputants ; though 

 this is also an ancient evil, for it was esteemed a piece of glory of old 

 to support numerous questions of law, as it were by sects and fashions, 

 rather than to end them. But this ought to be prevented. 



Instability of judgments 



94. Judgments prove uncertain, either I. through an untimely and 

 hasty passing of sentence; 2. the emulation of courts; 3. a wrong and 

 unskilful recording of judgments; or, 4. through a too easy and ready 

 way opened for their reversion. Therefore let care be taken, i. that 

 judgments proceed upon mature deliberation; 2. that courts preserve 

 a due reverence for each other; 3. the judgments be faithfully and 

 prudently recorded; and 4. that the way for reversing of judgments 

 be made narrow, craggy, and thorny. 



95. If judgment be given upon a case in any principal court, and a 

 like case come into another court, proceed not to judgment before a 

 consultation be held in some considerable assembly of the judges. 

 For if decrees are of necessity to be cut off, at least let them be honor- 

 ably interred. 



