success of the present essay is at all commensurate with that of such publications in France, I shall be amply satisfied.

INNER TEMPLE

W F.

LIST OF ILLUSTRATIONS

PAGE

FORUM ROMANUM. VIEW IN THE BASILICA JULIA. Frontispiece

FORUM.

POMPEII

AN OLD ROMAN TOMB

109

137

CONTENTS.

CHAPTER I.

ADVOCACY IN THEORY.

PAGE.

Interest to the Subject.-Jealousy felt towards the Office.-Testimony

borne by Antiquity.—Quotations from Cicero, Tacitus, Quintilian,

and others.-Eulogy by Writers in France.--Terrasson.-Repon-

sibility of the Office of an Advocate.-Lawyers of past times.—

Early Struggles.-Arduous Requirements of the Law.-What is

Advocacy?-Trial Scene from Homer's Description of the Shield

of Achilles.-Account of the Legal Tribunals of Ancient Egypt.-

More's Utopia.-Utility of the Office of an Advocate depends on

the Character of Courts of Justice.-Influence of Democracy on

Eloquence

CHAPTER II.

THE ATHENIAN COURTS.

Oratory in Greece confined to Athens.-Employment of Advocates there
not usual.—Mock-trial in Lucian.—Speech-writers at Athens.-
Instance of Barratry in an attempt to sink a Ship.-List of cele→
brated Orations never spoken.-Fondness of Athenians for Judi-
cial 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 upoa
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 pro-

P..

ceedings against Spreul in Scotland.-Clepsydras or Water

Clocks.-Abusive Language in the Attic Orators.--Value 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

20

CHAPTER III.

SKETCH OF THE ROMAN LAW AND THE ROMAN

DURING THE REPUBLIC.

COURTS

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 be-

tween 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.-Con-

stituent Elements of the Roman Law.-The Forum described.-

Basilica or Halls.-A modern Trachallus.-Trials held in the

open air.-State of the Forum when Cicero defended Milo.-

Account of the death of Clodius.-Result of the Trial.-Vicissi-

tudes of the Forum.—Jurisdiction of the Prætors.—The Emperor

acting as a Judge at Chambers.—Court of the Centumviri.—Crim-

inal Trials at Rome.-The Prætor sitting as President.-The

Album Judicum

• 54

CHAPTER IV.

ADVOCACY IN ANCIENT ROME.

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 Advo·
cates 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 Daughte—

Scene from Shakspeare.—Dramatic Scenes in Court.—Cicero de-
fending Fonteius.-Unfortunate Attempts at Pathos.-Preroga-
tive 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 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.-Defense by taking legal Objection,
or on the Merits.-Cicero cross-examining.-The Advocate's Reti-
nue at Rome.-Mistake of Erskine's patriotic Friends.

81

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.--Defense 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 Defense of Lucinia, the frail Vestal.
Witty Argument of Crassus in the case of Coponius against
Curius.-Cicero's Dialogue de Oratore.-Publius and Servius Sul-
picius. 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.—Horten-
sius. 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 Corruption.
-His Defense of Verres.--Cicero's Jest at his expense.-Generous
Tribute paid by Cicero to Hortensius.-Lady Advocates: Hor-
te sia, Sentia, and Afr. nia.-Cicero as an Advocate.-His lofty