Complete. From the “Holy State.”

HE is one that will not plead that cause wherein his tongue must be confuted by his conscience. It is the praise of the Spanish soldier that, whilst other nations are mercenary and for money will serve on any side, he will never fight against his own king; nor will our advocate against the sovereign truth plainly appearing to his conscience.

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  He not only hears, but examines his client, and pincheth the cause where he fears it is foundered. For many clients in telling their case rather plead than relate it, so that the advocate hears not the true state of it till opened by the adverse party. Surely the lawyer that fills himself with instructions will travel longest in the cause without tiring. Others that are so quick in searching seldom search to the quick; and those miraculous apprehensions who understand more than all before the client had told half run without their errand and will return without their answer.

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  If the matter be doubtful, he will only warrant his own diligence. Yet some keep an assurance office in their chamber, and will warrant any cause brought unto them, as knowing that, if they fail, they lose nothing but what long since was lost, their credit.

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  He makes not a Trojan siege of a suit, but seeks to bring it to a set battle in a speedy trial. Yet sometimes suits are continued by their difficulty, the potency and stomach of the parties, without any default in the lawyer.

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  He is faithful to the side that first retains him,—not like Demosthenes, who secretly wrote one oration for Phormio, and another in the same matter for Apollodorus, his adversary.

5

  In pleading he shoots fairly at the head of the cause, and having fastened, no frowns nor favors shall make him let go his hold,—not snatching aside here and there to no purpose, speaking little in much, as it was said of Anaximenes, “that he had a flood of words and a drop of reason.” His boldness riseth or falleth as he apprehends the goodness or badness of his cause.

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  He joys not to be retained in such a suit where all the right in question is but a drop blown up with malice to a bubble. Wherefore, in such trivial matters, he persuades his client to sound a retreat and make a composition.

7

  When his name is up, his industry is not down, thinking to plead not by his study, but his credit. Commonly, physicians, like beer, are best when they are old; and lawyers, like bread, when they are young and new. But our advocate grows not lazy; and if a leading case be out of the road of his practice, he will take pains to trace it through his books, and prick the footsteps thereof wheresoever he finds it.

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  He is more careful to deserve, than greedy to take, fees. He accounts the very pleading of a poor widow’s honest cause sufficient fees, as conceiving himself then the King of Heaven’s advocate, bound ex officio to prosecute it. And although some may say that such a lawyer may even go live in Cornwall, where it is observed that few of that profession hitherto have grown to any great livelihood, yet shall he, besides those two felicities of common lawyers, that they seldom die either without heirs or making a will, find God’s blessing on his provisions and posterity.

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