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Oratory in Greece confined to Athens. Employment of Ad-
vocates there not usual.-Mock-trial in Lucian.-Speech-writers
at Athens.— Instance of Barratry in an Attempt to sink a Ship.
List of celebrated Orations never spoken. - Fondness of
Athenians for Judicial Trials. - Aristophanes and the Comedy
of the Wasps.-Plot of the Play.-The Dicast's Merry Life..
Vicious Constitution of the Courts of Law. - Practice in Civil
Actions. Sentence upon Socrates. - Procedure in Criminal
Trials. Rule as to hearsay Evidence. - Dying Declarations.-
Use of Torture amongst the Ancients. Case of Peacham in

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Meaning of term Orator.— Difference between Rome and Eng-
land in this respect. -Relation of Patron and Client. Mean-
ing of Advocatus. The Jurisconsults. - Calling to the Bar
at Rome. Roman Advocates ignorant of Law. Distinc-
tion between questions of Law and Fact. The Poetry of Ac-
tion. Brutus and Lucretia. - The old Soldier and his Cre-

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CONTENTS.

ditor. - Virginius and his Daughter.

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Scene from Shakspear.

Dramatic Scenes in Court. Cicero defending Fonteius.-
Unfortunate Attempts at Pathos. Prerogative of Mercy in
Roman Juries. The Accused on his Trial clothed in sackcloth
and ashes. - A Roman Advocate cramming for a case. — -Lu-
dicrous instances of legal Ignorance. -Some of the Causes
célèbres at Rome. The case of the Roman Soldier. - The case
of Coponius v. Curius. - A Will construed cy pres at Rome. -
Caveat Emptor.- Question of Divorce.— Marius and the frail
Fanny. Instances of ambiguous Wills. Case of Leon and
Pantaleon. - Trials of Bassus and Priscus. - Defence by taking
legal Objection, or on the Merits. Cicero cross-examining.—
The Advocate's Retinue at Rome. — Mistake of Erskine's patri-
otic Friends

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Page 94

CHAPTER V.

SOME ACCOUNT OF THE ADVOCATES OF ROME DURING THE

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REPUBLIC.

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Early Orators of Rome. The Forest Murders, and Sulpicius
Galba. Character of Caius Gracchus vindicated by Niebuhr.
- Attack on Scaurus by Statius. - Rutilius Rufus, Caius Galba,
and others. Mark Antony the Orator. - Defence of Norbanus.
- Prides himself on his ignorance of Law. - Lucius Licinius
Crassus. - Comparison of his Death with that of Lord Chatham.
-His Oratory compared with that of Canning. - His Defence of
Licinia, the frail Vestal.-Witty Argument of Crassus in the case
of Coponius against Curius. Cicero's Dialogue de Oratore.·
Publius and Servius Sulpicius. Celebrated Epistle of the
latter to Cicero. Beautiful Greek Epigram. Sulpicius
taunted by Mucius Scævola. -The Profession of a Soldier
contrasted with that of a Lawyer by Cicero. —Noble Eulogium
by Cicero upon Sulpicius. Hortensius. His prodigious Me-
mory. The Pains he took with his Dress and personal Ap-
pearance. - His Retort upon Torquatus.- His care of his
Fish-ponds. Charge against him of Corruption. - His De-
fence of Verres.· -Cicero's Jest at his expense. Generous
Tribute paid by Cicero to Hortensius. - Lady Advocates, Hor-
tensia, Sentia, and Afrania. - Cicero as an Advocate. . His

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Barrow.

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lofty Idea of his Profession. - Narrative of his Studies and
Practice. His Theory of the perfect Orator. — Knowledge re-
quisite for an Advocate. Quotations from D'Aguesseau and
Cicero more frequently for the Defence than the
Prosecution. Trial of Sextius Roscius on the Charge of Mur-
der. -Facts of the Case, and Speech of Cicero. Speech for
Roscius the Actor.-Defence of Cluentius. - A Female Mon-
ster. Cicero's Description of the Duties of a Juryman. — An
accommodating Juror. Speech on behalf of Licinius Murena.
State of Affairs at Rome. - Extracts from the Speech.
Roman Consul charged by Cato with the Sin of Dancing.-
A Consul should be an Orator. -Useful Hints for electioneering
Tactics. — Ridicule of the Stoic Philosophy. "Gentlemen of
the Jury, you are none of you safe!" - Review of Cicero's
Argument. Speech for Ligarius. St. Paul as an Orator.
Consummate Skill of Cicero. Appeal to Tubero. "Judge

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CONTENTS.

CHAPTER VII.

THE NOBLESSE DE LA ROBE,

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Proud Position of the Bar in France. - A French Advocate
canonized. Another becomes Pope.-Opposition by Advocates
to the Pretensions of the Papal See.-St. Louis appeals to the
Lawyers. Their bold and spirited Conduct. - Bull issued by
Boniface VIII.-Parody by Pierre de Cugnières.-The "Bull"
taken by the Horns.—Origin of the Parliament of Paris. — Cour
Royale. The Parliament becomes stationary. - Its Consti-
tution.
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Splendour of the Parliament in old times.
Vavassour attending Pleadings. — Eulogy of the Parliament by
Isabella Queen of France. - Presence of the King. - Ancient
Custom in England.-Punishment of corrupt Judges.-The Par-
liament strictly a Court of Justice. - Registration of Royal
Edicts by the Parliament. - Refusal of Registration a proximate
Cause of the first French Revolution. - Provincial Parliaments
established. — The Parliaments swept away by the Revolution.
Sale of judicial Offices in France. Evils of the System.
The Bar in France formed a lesser Order of Nobility. - Esta-
blishments of St. Louis. - The Advocate made a Chevalier. -
His knightly Oath. Institution of the ORDER OF ADVOCATES.
-Serment d'Advocacerie.-Rules of the Order. - Judicial Com-
bats in the Middle Ages.-Battle of the Liturgies.- Part played
by Advocates in these Combats. Rule nisi for a Duel. - Danger
of Advocate identifying himself with his Client. — Philippe de
Montespedon, and the Breach of Promise of Marriage. — A
craven Lover. Advocates écoutants, plaidants, and consultants.
—Citation of false Customs. A Husband outwitted. - French
Mode of "waging law." Imaginary Trials, Bishop Sherlock's
"Trial of the Witnesses."-A Bull and a Pig solemnly tried and
hanged.-Curious Text-books.-Decrees of Love pronounced in
the Court of Cupid. — The Stylus Parlamenti on the personal
Appearance and Address of Advocates. Loisel's Dialogue des
Avocats. Inordinate Display of classical Learning in Speeches
of Advocates of that Age.-Causes of this. — Racine's Comedy
of Les Plaideurs. - Pedantic Speech of Anne Robert. Helen
Gillet the Infanticide. - Dreadful Scene on the Scaffold. -
Eloquent Speech of Févret. · Julien Peleus and the Haunted

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