Reports of judgments

LXXII. There are five ways of interpreting the law, and making it clear; viz., 1, 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.

LXXIII. 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.

LXXIV. And let this be the method of taking them down—1. Write the case precisely, and the judgments exactly, at length; 2. Add the reasons 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.

LXXV. 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.

LXXVI. Let these judgments be digested in the order of time, and not in method and titles; for such writings are a kind of histories or narratives of the laws; and not only the acts themselves, but also their times, afford light to a prudent judge.