Bacon's Essays, and Wisdom of the AncientsBacon, Francis
Philosophy
Bacon's Essays, and Wisdom of the Ancients
Bacon, Francis
Bacon, Francis, 1561-1626; English essays -- Early modern, 1500-1700; Mythology, Classical
Secondly, for the advocates and counsel that plead. Patience[566] and
gravity of hearing is an essential part of justice, and an overspeaking
judge is no well-tuned cymbal. It is no grace to a judge first to find
that which he might have heard in due time from the bar; or to show
quickness of conceit in cutting off evidence or counsel too short,
or to prevent information by questions, though pertinent. The parts
of a judge in hearing are four: to direct the evidence; to moderate
length, repetition, of impertinency of speech; to recapitulate,
select, and collate the material points of that which hath been said;
and to give the rule or sentence. Whatsoever is above these is too
much, and proceedeth either of glory, and willingness to speak, or of
impatience to hear, or of shortness of 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 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;[567] for that
upholds in the client the reputation of his counsel, and beats down
in him the conceit[568] 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[569] 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.
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