FREE BOOKS

Author's List




PREV.   NEXT  
|<   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   >>  
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
PREV.   NEXT  
|<   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   >>  



Top keywords:

courts

 

counsel

 

justice

 
ministers
 
defence
 

judges

 

curiae

 

clerks

 
persons
 

quarrels


sowers
 

engage

 

country

 

catching

 

thistles

 

thorns

 

gathered

 

grapes

 
Scripture
 

sweetness


subject

 

instruments

 

attendance

 

polling

 

briars

 

brambles

 

jurisdiction

 

whereunto

 

resemblance

 

common


fourth

 

labyrinths

 
poller
 

exacter

 

justifies

 

weather

 

precedents

 
skilful
 
proceeding
 

understanding


ancient

 
fleece
 

oblique

 

scraps

 
advantage
 
bounds
 

parasiti

 

puffing

 

accounted

 

pervert