of their Forensic Speeches.-Curious Case of crim. con. at Athens.
-A Faithless Wife.-Specimen of a Will Cause.-Counsel acting
for both Plaintiff and Defendant
Page 20

CHAPTER III.

SKETCH OF THE ROMAN LAW AND THE ROMAN COURTS DURING

THE REPUBLIC.

Account given by Pomponius in the Digest.-The Lost Institutes

of Gaius discovered by Niebuhr. - Mistakes of the Roman

Jurists as to the early Constitution of Rome. The Papirian

Code, Twelve Tables, and Jus Flavianum.-Analogy to our own

Law. Distinction between Populus and Plebs.-Secession of the

Plebs to the Sacred Hill.-The Jus Honorarium.-Province of

Equity in this Country.-Explanation of the different kinds of

Prætorian Edicts.-Constituent Elements of the Roman Law.—

The Forum described.-Basilica or Halls.-A modern Trachal-

lus.-Trials held in the open air.-State of the Forum when

Cicero defended Milo.-Account of the death of Clodius.-

Result of the Trial.-Vicissitudes of the Forum.―Jurisdiction

of the Prætors.-The Emperor acting as a Judge at Chambers.—

Court of the Centumviri.-Criminal Trials at Rome.-The

Prætor sitting as President.-The Album Judicum

CHAPTER IV.

ADVOCACY IN ANCIENT ROME.

54

Meaning of term Orator.-Difference between Rome and England
in this respect.-Relation of Patron and Client.-Meaning of
Advocatus.-The Jurisconsults.-Calling to the Bar at Rome.—
Roman Advocates ignorant of Law.- Distinction between
questions of Law and Fact.-The Poetry of Action.-Brutus and
Lucretia. The old Soldier and his Creditor.-Virginius and
his Daughter.-Scene from Shakspeare.-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. Ludicrous 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
y 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 patriotic Friends
Page 83

CHAPTER V.

SOME ACCOUNT OF THE ADVOCATES OF ROME DURING THE
REPUBLIC.

-

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 him-
self on his ignorance of Law.-Lucius Licinius Crassus.--Com-
parison of his Death with that of Lord Chatham.-His Oratory
compared with that of Canning.—His Defence of Lucinia, 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.-Hor-
tensius. His prodigious Memory.-The Pains he took with his
Dress and personal Appearance.—His Retort upon Torquatus.
-His care of his Fish-ponds.-Charge against him of Corrup-
tion. His Defence of Verres.-Cicero's Jest at his expense.-
Generous Tribute paid by Cicero to Hortensius.-Lady Advo-
cates: Hortensia, Sentia, and Afrania.-Cicero as an Advocate.—
His 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
Barrow. Cicero more frequently for the Defence than the
Prosecution. Trial of Sextius Roscius on the Charge of Murder.
-Facts of the Case, and Speech of Cicero.-Speech for Roscius
the Actor.-Defence of Cluentius.-A Female Monster.-
Cicero's Description of the Duties of a Juryman.—An accom-

modating Juror.-Speech on behalf of Licinius Murena.-State

of Affairs at Rome.-Extracts from the Speech.-A 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 Festus Trembles."-

Julius Cæsar an Advocate at the Roman Bar.-His Reputation

as a Speaker.-Vicious State of Morals at Rome Page 113

CHAPTER VI.

THE BAR UNDER THE EMPIRE, AND IN THE MIDdle ages.

Forensic Oratory perished with the Republic.-Causes of this.—

Tacitus on the Decline of Eloquence.-Complaints of Degene-

racy made by Writers from earliest times.-Description by

Juvenal of Condition of Advocates in his time.-Lord Ellen-

borough under drill.—Claqueurs introduced into Courts at Rome.

-Curious Letter of Pliny recommending a Junior.-Names of

famous Advocates in Imperial Rome.-Quintilian mourning for

his Wife and Children.-Rights and Privileges of Advocates

according to the Justinian Code.-Female Advocates prohibited.

-Counsel assigned by Prætor.-Scurrility forbidden. Ordi-

nance of Charles VIII. of France on that Subject.-Advocates

and Holy Orders.-Advocates in the Middle Ages.—La Haute

Cour and La Cour des Bourgeois.-Lettres du Sépulcre and

Assises de Jerusalem.-A Coroner's Inquest in the eleventh

century. The true and constant Pleader.-Sage Advice given

in the Livre des Assises to Advocates
177

CHAPTER VII.

THE NOBLESSE DE LA ROBE.

Proud Position of the Bar in France.-A French Advocate canon-
ised. 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 Constitution.-Splen-
dour of the Parliament in old times.-The 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 Parliament strictly a
Court of Justice.-Registration of Royal Edicts by the Parlia-
ment. 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.-Establishments of St. Louis.
-The Advocate made a Chevalier.-His knightly Oath.-Insti-
tution of the ORDER OF ADVOCATES.-Serment d'Advocacerie.—
Rules of the Order.-Judical Combats in the Middle Ages.-
Battle of the Liturgies.-Part played by Advocates in these
Combats.-Rule nisi for a Duel.—Danger of Advocate identify-
ing himself with his Client.-Philippe de Montespedon, and the
Breach of Promise of Marriage.-A craven Lover.-Advocates
ecoutants, 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 Dis-
play of classical Learning in Speeches of Advocates of that Age.
-Causes of this.-Racine's Comedy of Les Plaideurs.-Pedan-
tic Speech of Anne Robert.-Helen Gillet the Infanticide.—
Dreadful Scene on the Scaffold.-Eloquent Speech of Févret.—
Julien Peleus and the Haunted House.-An English Case of
Nocturnal Dæmons.-Ingenious Argument of Peleus against
Ghosts. New Trial granted to discuss Question of Apparitions.
-Pasquier. His famous Speech for the University of Paris
against the Jesuits.-Story of Pasquier's Flea.- Contention
mignarde between him and Mlle. Catherine des Roches.-
Epigrams on the Subject.-Portrait of an Advocate of the olden
Time.-Age of Louis Quatorze a brilliant Period for the French.
Bar.-Brinvilliers, the Great Poisoner.-Discovery of the Mur-
ders. She escapes from France, but is arrested at Liege.-Her

Trial and Defence by Nivelle.-May the Secrets of the Con-
fessional be divulged in a Court of Law?-Masterly argument of
Nivelle. Conviction of the Prisoner, and her Sentence.-
D'Aguesseau.-Mysterious case of De la Pivardière, in which he
was engaged as counsel.-The Dead alive again.—Disputed
Question of Identity.-Abolition of the ORDER of Advocates at
the Revolution.-The Revolutionary Tribunal.-Louis XVI.
before the Convention.-Brave conduct of Malesherbes.-His
Epitaph. The Girondists.-Eloquent Speech of Desèze.—
Trial of Marie Antoinette.-Her sublime Appeal to the Mothers
of France.-Napoleon's dislike of the Bar.-He decrees the Re-
establishment of the Order of Advocates.-Procedure in French
Criminal Trials.-Story of Madame Lafarge.-The affair of the
Diamonds. She is tried for the Murder of her Husband.-
Cross-examination of Madame Lafarge by the Attorney-General.
-The Chemists report the Absence of Arsenic.-The Corpse of
Lafarge ordered to be exhumed.-Unfair Examination of the
Prisoner.-MM. Orfila, Bussi, and Ollivier (d'Angers) summoned
from Paris. The Diamonds again!-Conviction of the Prisoner.
-Guilty or not Guilty -Comments on the Trial Page 200

CHAPTER VIII.

ADVOCACY IN ENGLAND.

Great State of the Serjeants in the olden Time.-Early Advocates of
England.—Wager of Battel in the Reign of Elizabeth.—Appeal
of Treason in the Court of Chivalry between Donald Lord Rea
and David Ramsey.-Trial by Battel abolished.-Statute of
Edward I. against Deceit on the Part of Serjeants or Countors.
-The Mirroir des Justices.-Rarity of forensic Eloquence in
England. Confession of Thomas Woodstock, Duke of Glou-
cester. The piebald Language of the Law formerly.-Noble
Address of Chief Justice Crewe.-Contrast of lay Speeches with
Discourses of Divines.-Bishop Burnet and his Hour-glass.—
Denial of Counsel to Prisoners on Questions of Fact in Cases
of Treason or Felony.-Iniquity of this Rule illustrated in the
Trials of the Duke of Norfolk, Colonel Lilburne, Sir Henry
Vane, Algernon Sidney, and Colledge "the Protestant Joiner."-
Conduct of Jeffreys on the Trial of Mrs. Lisle.-Her affecting