not been exercised since the early part of Henry the Eighth’s reign, but the industry of voluntary reporters has in some measure supplied the deficiency. Some of the ablest judges of the sixteenth century set the example, and by committing the more important cases and decisions to writing, at the same time dignified themselves, instructed posterity, and improved the science. These gnat luminaries have been followed by other reporters of unequal merit. The office of reporter was again renewed, at the instance of the Lord Chancellor Bacon, in the reign of James I. but does not seem to have been productive of any material advantage, and was soon discontinued.
In the early part of the reign of Charles II. an act passed to prohibit the printing of law books without a licence of the chancellor, the two chief justices, and the chief baron, which was renewed from time to time, but finally expired in the reign of King William. The custom of fixing the imprimatur was continued for many years after the necessity for it had ceased, and till the judges came to a resolution not to grant them any longer. Of late years it has been customary for the proprietors even of diurnal publications, to employ short-hand writers, for the purpose of presenting the public with reports of cases of considerable importance or interest; and it has grown so much into practice, that they arc constantly expected. Thus whatever is said in public, and regards the public, becomes the right of the public to repeat and report; and whether it be the argument of counsel, or the decision of the judge, it is public property. Words have wings, and they are no sooner uttered in public situations, than they are irrevocably passed to all mankind, who are interested in them, and can no longer be confined to place, to age, or to country. We know that the Greeks in general, and the Athenians in particular, delighted in the vehicles of diurnal information; and the Romans, according to Tacitus, were not less partial to them: Diurua populi Romani per provincias, per exercitus, curatius aguntur, quam, ut non noscatur quid Thrasca fectrit.Tac. Ann. lib. xvi.
If, in spite of our extreme desire to be accurate, we should fail in any part of our reports, it is some consolation, that even such reports may have their use, in as much as it was the opinion of a very great lawyer, that, for the purpose of furnishing an argument, one bad report was worth an hundred good ones. We shall easily obtain credit for the truth of the declaration, that our ambition has an higher object, tho’ an humble one, and we shall have attained our utmost aim if we can merit the praise of useful accuracy.
Before Sir A. Macdonald and a special Jury.
THE KING V. ROBERT MARRIS.
18th September, 1807, an extent issued against the defendant, at the suit of J. S. for £10,022l.
Same day, inquisition taken and debt found.
Sheriff’s return, cepi corpus, and had seized lands, &c.
Plea, Michaelmas Term, 1807.The said defendant, by his attorney, claimed the property of the several goods, &c. mentioned in the inquisition to the said writ of extent
