Hortensius: Or, The Advocate: An Historical Essay |
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Page xi
... Sentence upon Socrates . - Procedure in Criminal Trials . — Rule as to hearsay Evidence.— Dying Declarations.— Use of Torture amongst the Ancients . - - Case of Peacham in - - ― - Reign of James I. — Cruel Proceedings.
... Sentence upon Socrates . - Procedure in Criminal Trials . — Rule as to hearsay Evidence.— Dying Declarations.— Use of Torture amongst the Ancients . - - Case of Peacham in - - ― - Reign of James I. — Cruel Proceedings.
Page xvii
... . Dexterity in Court only to be learnt by Practice . Are our Rules of Evidence too strict ? Reason for keeping separate the Functions of Advocate and of Attorney - - Page 342 - CHAPTER IX . THE HONORARIUM . - The Origin.
... . Dexterity in Court only to be learnt by Practice . Are our Rules of Evidence too strict ? Reason for keeping separate the Functions of Advocate and of Attorney - - Page 342 - CHAPTER IX . THE HONORARIUM . - The Origin.
Page 6
... evidence is against it ; for nothing can be more unlike his ordinary style . We know that Quintilian wrote a treatise on the same subject ; and some eminent scholars have thought that it is the one which we possess under the above title ...
... evidence is against it ; for nothing can be more unlike his ordinary style . We know that Quintilian wrote a treatise on the same subject ; and some eminent scholars have thought that it is the one which we possess under the above title ...
Page 11
... evidence of guilt , although in reality all these may be fallacious , persuade a jury of his countrymen , sworn solemnly to make a true deliverance , that the accused is innocent , or that , at all events , he cannot safely be convicted ...
... evidence of guilt , although in reality all these may be fallacious , persuade a jury of his countrymen , sworn solemnly to make a true deliverance , that the accused is innocent , or that , at all events , he cannot safely be convicted ...
Page 25
... evidence , and not suffer themselves to be led away by the eloquence of his accuser . It is obvious that these are cases very different from the employment of counsel , who are strangers to the parties , and who have no personal ...
... evidence , and not suffer themselves to be led away by the eloquence of his accuser . It is obvious that these are cases very different from the employment of counsel , who are strangers to the parties , and who have no personal ...
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Common terms and phrases
accused acquitted action advocate afterwards amongst ancient Antiphon Antony appear Athenian Athens behalf Brut Cæsar called Cato cause century charge Cicero client Clodius comitium conduct consul conviction Coponius counsel court of equity courts of justice courts of law Crassus criminal Curius death defended Demosthenes dicasts duty edicts eloquence English law equity fact favour former France friends Galba give guilty Hist honour Hortensius instance judges judicial Julius Cæsar jury jus civile king Lælius latter lawyer learned Lord Lysias mode murder Murena Niebuhr occasion offence opinion Orat parliament party person plaintiff plead plebs Pompey populus practice prætor prisoner profession prosecution question Quintilian reason republic Roman law Rome Roscius Rostra says Scævola seems senate slaves speak speaker speech Sulpicius Tacitus thing tion torture trial tribunal truth Twelve Tables Usucapio verdict wife witnesses
Popular passages
Page 106 - T was on a summer's evening, in his tent, That day he overcame the Nervii : — Look ! in this place ran Cassius...
Page 310 - As thou art in desire? Wouldst thou have that Which thou esteemst the ornament of life, And live a coward in thine own esteem, Letting "I dare not" wait upon "I would," Like the poor cat i
Page 173 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...
Page 383 - The fig-tree, not that kind for fruit renown'd, But such as, at this day, to Indians known, In Malabar or Decan spreads her arms, Branching so broad and long, that in the ground The bended twigs take root, and daughters grow About the mother tree, a pillar'd shade, High overarch'd, and echoing walks between...
Page 371 - The law against witches does not prove there be any ; but it punishes the malice of those people, that use such means to take away men's lives : if one should profess that by turning his hat thrice, and crying buz, he could take away a man's life, though in truth he could do no such thing : yet this were a just law made by the state, that whosoever should turn his hat thrice, and cry buz, with an intention to take away a man's life, shall be put to death.
Page 350 - I have laboured to make a covenant with myself that affection may not press upon judgment ; for I suppose there is no man that hath any apprehension of gentry or nobleness, but his affection stands to the continuance of so noble a name and house, and would take hold of a twig or a twine thread to uphold it.
Page 419 - It is likewise to be observed, that this society has a peculiar cant and jargon of their own, that no other mortal can understand, and wherein all their laws are written, which they take special care to multiply ; whereby they have wholly confounded the very essence of truth and falsehood, of right and wrong; so that it will take thirty years to decide, whether the field left me by my ancestors for six generations, belongs to me, or to a stranger three hundred miles off.
Page 23 - High actions, and high passions best describing : Thence to the famous orators repair, Those ancient, whose resistless eloquence Wielded at will that fierce democratic, Shook the arsenal, and fulmined over Greece To Macedon and Artaxerxes...
Page 72 - Equity is a roguish thing; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity.
Page 429 - From the moment that any advocate can be permitted to say that he will or will not stand between the Crown and the subject arraigned in the court where he daily sits to practice, from that moment the liberties of England are at an end.