Hortensius: Or, The Advocate: An Historical Essay |
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Page xix
... Parties in a Cause . Distinction between his Duty , and that of the Judge . - Objection , that of two Sides of an Argument , one only is right , considered . Argument of Sir John Davys . - Sophistry of Paley . - Suspicion directed ...
... Parties in a Cause . Distinction between his Duty , and that of the Judge . - Objection , that of two Sides of an Argument , one only is right , considered . Argument of Sir John Davys . - Sophistry of Paley . - Suspicion directed ...
Page 17
... parties , was to bring the accuser and the accused face to face , and let each tell his own story , with such proofs as he could adduce , without allowing another to interfere . In that earliest account of a trial , where inquisition is ...
... parties , was to bring the accuser and the accused face to face , and let each tell his own story , with such proofs as he could adduce , without allowing another to interfere . In that earliest account of a trial , where inquisition is ...
Page 19
... party in whose favour the court had determined . Dio- dorus says that the Egyptians adopted this system from a conviction that it was most favourable to the adminis- tration of even - handed justice . Parties were thereby placed more ...
... party in whose favour the court had determined . Dio- dorus says that the Egyptians adopted this system from a conviction that it was most favourable to the adminis- tration of even - handed justice . Parties were thereby placed more ...
Page 21
... parties were enabled to pour their complaints into the ear of justice and make themselves heard , not by their own ... party , is compelled to hear , in open court and in the face of the public , every argument which ingenuity and ...
... parties were enabled to pour their complaints into the ear of justice and make themselves heard , not by their own ... party , is compelled to hear , in open court and in the face of the public , every argument which ingenuity and ...
Page 24
... parties were not allowed to avail themselves of the assistance of advocates to plead their causes for them , this rule was ... party who opened the defence which Demosthenes wrote for Phormion , commences by saying , " You are well aware ...
... parties were not allowed to avail themselves of the assistance of advocates to plead their causes for them , this rule was ... party who opened the defence which Demosthenes wrote for Phormion , commences by saying , " You are well aware ...
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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.