Page:Marvin, Legal Bibliography, 1847.djvu/765

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YEA. followed by the counsel for the defendant; and so on, till the pleadings on both sides are brought to an issue ; and here the report often ceases, conclurling with the whole that was done that day, without the least intimation what afterwards became of the cause." Pref. Heath's Max. ; 2 Reeves' Hist. 358; Brooke's Bib. Leg. Ang. 79, 198; Pref. Davis' Reports; Hale's Hist. C. L., c. 7 ; 4 Co. Inst. 4; Seld. dis ad Fleta, c. 8, § 3 ; 2 Dibden's Ames, 476; Nic. Eng. Hist. Lib. 179. YEAR-BOOKS. Les Reports del' Cases en Ley, que furent argues en le Temps de Roy Edward le Tierce. Corriges et amendes, avec les Notations et References a I'Abregment de Brook et Filz- herbert. 2 Parts, fol. London. 1679. The old Abridgments contain some of the Cases of the wanting*years of Edward HL Lord Coke assigns to this period the first appointment of stipendiary Reporters; " when," he observes, " the law being in its height, the causes and reasons of judgment, in respect of the multitude of them, are not set down in the records ; but, then, the great casuists and reporters of Cases (certain grave and sad men,) published the Cases, and the reasons and causes of the judgments and resolutions, which, from the beginning of Edward HL, and since, we have in print." Who all of these " grave and sad men" were, is not known, but, at the end of M. T., 21 Edw. HL, it appears that Horewode was one of them. Icy se finissent les reportes du Mons. Horewode ; and afterwards. Icy s'en- suivent certains Cases pris de hors un autre report qui ii'ont etc dans les reports du Mons. Horewode, par ci devani imprimes. MS. reports of several of the wanting years in this reign, in the printed Year-Books, are in the Inner Temple Library. 4 Co. Inst. 4; Brooke, 200 ; Mer. & Steph. Corp. 557; M. T.21 E. III. 50. . Les Reports del Cases en Ley, que furent argues a quadragesimo ad quinquagesimum Annum de Roy Edward le Tierce. Corriges et amendes, avec les Notations et References al Brook, Fitz-herbert et Statham. fol. London. 1679. The cases in the Quadragesms, as this Year-Book is called, are fully argued, but no authorities are adduced by the counsel in support of their positions. The Court rarely set forth the grounds and reasons upon which they proceed, and the Reports are merely statements of facts and arguments, with dicta of law. Every thing is to be taken upon the bare authority of the person pronouncing it. The law is delivered by its oracles the Judges, not by Precedents, but for Precedents in future times. A large share of the Cases in this volume, are occupied with discussions settling forms of writs, pleadings, practice, and proceedings in real actions. 3 Reeves' Hist. 151. 48 753