uld prevail with judges; whereas they should imitate God, in whose
seat they sit; who represseth the presumptuous, and giveth grace to the
modest. But it is more strange, that judges should have noted favorites;
which cannot but cause multiplication of fees, and suspicion of by-ways.
There is due from the judge to the advocate, some commendation and
gracing, where causes are well handled and fair pleaded; especially
towards the side which obtaineth not; for that upholds in the client,
the reputation of his counsel, and beats down in him the conceit of
his cause. There is likewise due to the public, a civil reprehension of
advocates, where there appeareth cunning counsel, gross neglect, slight
information, indiscreet pressing, or an overbold defence. And let not
the counsel at the bar, chop with the judge, nor wind himself into the
handling of the cause anew, after the judge hath declared his sentence;
but, on the other side, let not the judge meet the cause half way, nor
give occasion to the party, to say his counsel or proofs were not heard.
Thirdly, for that that concerns clerks and ministers. The place of
justice is an hallowed place; and therefore not only the bench, but the
foot-place; and precincts and purprise thereof, ought to be preserved
without scandal and corruption. For certainly grapes (as the Scripture
saith) will not be gathered of thorns or thistles; either can justice
yield her fruit with sweetness, amongst the briars and brambles of
catching and polling clerks, and ministers. The attendance of courts, is
subject to four bad instruments. First, certain persons that are sowers
of suits; which make the court swell, and the country pine. The second
sort is of those, that engage courts in quarrels of jurisdiction, and
are not truly amici curiae, but parasiti curiae, in puffing a court up
beyond her bounds, for their own scraps and advantage. The third sort,
is of those that may be accounted the left hands of courts; persons that
are full of nimble and sinister tricks and shifts, whereby they pervert
the plain and direct courses of courts, and bring justice into oblique
lines and labyrinths. And the fourth, is the poller and exacter of fees;
which justifies the common resemblance of the courts of justice, to the
bush whereunto, while the sheep flies for defence in weather, he is sure
to lose part of his fleece. On the other side, an ancient clerk, skilful
in precedents, wary in proceeding, and understanding
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