PAGE Idea of his Profession.-Narrative of his Studies and Practice.- His Theory of the perfect Orator.-Knowledge requisite for an Advocate.-Quotations from D'Aguesseau and Barrow.-Cicero more frequently for the Defense 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.-Defense of Cluentius.--A Female Monster.-Cicero's Description of the Duties of a Juryman.—An accommodating Juror.-Speech on be- half 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-Ilis Reputation as a Speaker.-Vicious State of Morals at 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.-Ordinance 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. -Letters du Sépulcre and Assises de Jerusalem.—A Coroner's Inquest in the eleventh century.-The true and constant Pleader.-- CONTENTS. CHAPTER VII. THE NOBLESSE DE LA ROBE. xiii PAGE, Proud Position of the Bar in France.-A French Advocate canonized. PAGE Dreadful Scene on the Scaffold.—Eloquent Speech of Févret.— CHAPTER VIII. 20C ADVOCACY IN ENGLAND. Great State of the Sergeants in the olden Time.-Early Advocates of and David Ramsey.-Trial by Battel abolished.-Statute of Ed- ward I. against Deceit on the part of Sergeants or Countors.-The Mirroir des Justice.-Rarity of forensic Eloquence in England.— Confession of Thomas Woodstock, Duke of Gloucester.-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 Prostestant Joiner."-Conduct of Jeffreys on the Trial of Mrs. Lisle.-Her affecting Speech on the Scaffold.- Hard Case of Rajah Nundocomar at Calcutta.--Cruelty of com- pelling a Prisoner to advocate his own Case.-Passing of Statute 7 Will. III. c. 3.-Presence of Mind shown by Lord Ashley at the time.--Rigorous Enforcement of the Law in the Case of Sir William Parkyn. A cold Exordium by Sir Bartholomew Shower.-Prison- er's Counsel Act, 6 and 7 Will. IV. c. 114.-Criminal Trials form- erly judicial Murders.-Arraignment of the Duke of Norfolk.- Trials in England for Witchcraft.-The Essex Witches.-Sir Matthew Hale declares his Belief in the Existence of Witches.- The "Wisdom of our Ancestors" not without Alloy.—Opposition made to Bill for abolishing Law Latin.-Retort on Lord Raymond, C. J., by the Duke of Argyle.-Trial of the Seven Bishops.- August Spectacle in Westminster Hall.--Speech of Somers.— Technicality of English Law one Cause of Absence of Eloquence. -Excessive Refinement of Special Pleading.-A "Negative Preg- nant."-Necessity of a Knowledge of Pleading.-The immense Extent of the Law another Cause.-Fecundity of Reports.-The Neglect to cultivate Eloquence as an Art.-Different Theory and Practice of the Ancients.-D'Aguesseau on the Causes of the De- cline of Eloquence.-Great Privilege of Speech accorded to Advo- cates.-Extent and Limits of their Privilege.—Curious Instance of professional immunity claimed by Cook the Regicide.-Distinc- tion between the Office of Advocate and of Attorney.-Instances of legal Strategy at Nisi Prius.-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 304 Origin of the Theory of gratuitous Service by an Advocate.-The Cincian Law.-Reasons against a pecuniary Honorarium at Rome.-Payment of Members of the House of Commons in former Times.-Writ de Expensis Burgensium levaudis.-Change at the Downfall of the Roman Republic.—Suilius the informer.-Debate in the Roman Senate.—Decree of the Senate in the Reign cf Nero. -Samius, betrayed by his Counsel, stabs himself.-Dishonorable conduct of Nominatus.-Law of Trajan on the Subject.--Edict of the Emperor Severus.-Argument of Quintilian.-The Case stated by Sir John Davys.-Rule at the English Bar.-African Barristers on Circuit.-Capitularies of Charlemagne.--Ordin_nce of Philip The Ethics of the Question stated.-Sarcasms of Writers.-Ben Jon- |