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.-Respon-

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

1

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 upon
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-

PAGE

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
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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 Daughter.-

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.

. 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.--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 Defen e of Verres.--Cicero's Jest at his expense.-Generous
Tribute paid by Cicero o Hortensius.-Lady Advocates: Hor.
te sia, Sentia, and Af.. nia.- Cicero as an Advocate.-His lofty

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-His Reputation as a Speaker.—Vicious State of Morals at

Rome

. 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 Ellea-

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.—

Sage Advice given in the Livre des Assies to Advocates.

177

CONTENTS.

CHAPTER VII.

THE NOBLESSE DE LA ROBE.

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PAGE

Proud Position of the Bar in France.-A French Advocate canonized.
-Another becomes Pope.-Opposition by Advocates to the Pre-
tensions 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.
—Ɔrigin of the Parliament of Paris.--Cour Royale.—The Parlia-
ment becomes stationary.-Its Constitution.-Splendor 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 cor-
rupt Judges.-The Parliament strictly a Court of Justice.-Registra-
tion of Royal Edicts by the Parliament.—Refusal of Registration a
proximate Cause of the first French Revolution.—Provincial Par-
liaments established.-The Parliaments swept away by the Rev-
olution.-Sale of judicial Offices in France.-Evils of the System.
-The Bar in France formed a lesser Order of Nobility.-Estab-
lishments 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 Combats in
the Middle Ages.-Battle of the Liturgies.-Part played by Ad-
vocates in these Combats.-Rule nisi f.r a Duel.-Danger of
Advocate identifying himself with his Client.-Philippe de Mon-
tespedon, 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 —Inor-
dinate 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.—