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 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.

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