CONTENTS. 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 THE ATHENIAN COURTS. Oratory in Greece confined to Athens.-Employment of Advocates there PAGE ceedings against Spreul in Scotland.-Clepsydras or Water 20 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- Meaning of term Orator.-Difference between Rome and England in this 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- Early Orators of Rome.-The Forest Murders, and Sulpicius Galba. 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 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.— CONTENTS. CHAPTER VII. THE NOBLESSE DE LA ROBE. xiii PAGE Proud Position of the Bar in France.-A French Advocate canonized. |