OF JUDICATURE 135 



memory, or of want of a staid and equal attention. It is 

 a strange thing to see that the boldness of advocates 

 should prevail with judges ; whereas they should imitate 

 God, in whose seat they sit ; who represseth the presump- 

 tuous, and giveth grace to the modest. But it is more 

 strange, that judges should have noted favourites ; 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 repre- 

 hension of advocates, where there appeareth cunning 

 counsel, gross neglect, slight information, indiscreet press- 

 ing, or an over-bold 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 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 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'; neither 

 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 amid curiae^ butparasiti 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 per- 

 vert the plain and direct courses of courts, and bring 



