The Essays or Counsels, Civil and MoralBacon, Francis
Philosophy
The Essays or Counsels, Civil and Moral
Bacon, Francis
English essays -- Early modern, 1500-1700
Secondly, for the advocates and counsel that plead. Patience 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, or 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; 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.
Public-domain text, read in full here on John Shaqi.
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