Page:Essays of Francis Bacon 1908 Scott.djvu/365

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OF JUDICATURE
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modest. But it is more strange, that judges should have noted favourites; which cannot but cause multiplication of fees, and suspicion of bye-ways. There is due from the judge to the advocate some commendation and gracing,[1] where causes are well handled and fair[2] 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[3] 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 over-bold defence. And let not the counsel at the bar chop[4] 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 for 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-pace[5] and precincts and purprise[6] thereof, ought to be preserved without scandal and corruption. For cer-

  1. Grace. To favor.
  2. Fair. Fairly.

    "Speak me fair in death."

    Shakspere. The Merchant of Venice. iv. 1.

  3. Conceit. Opinion. "Seest thou a man wise in his own conceit? there is more hope of a fool than of him." Proverbs xxvi. 12.
  4. Chop. To bandy words.

    "The chopping French we do not understand."

    Shakspere. King Richard II. v. 3.

  5. Foot-pace. Lobby.
  6. Purprise. Enclosure.