Hortensius: Or, The Advocate

CONTENTS.

xiii

ditor. - Virginius and his Daughter. Scene from Shakspear.

-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. - Lu-

dicrous 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 çy 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 patri-
otic Friends

Page 94

CHAPTER V.

SOME ACCOUNT OF THE ADVOCATES OF ROME DURING THE

Early Orators of Rome.

REPUBLIC.

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 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 Defence of

Licinia, 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. Hortensius. His prodigious Me-

mory.- The Pains he took with his Dress and personal Ap-

pearance. His Retort upon Torquatus.-His care of his

Fish-ponds. Charge against him of Corruption. His De-

fence of Verres. Cicero's Jest at his expense. Generous

Tribute paid by Cicero to Hortensius. - Lady Advocates, Hor-

tensia, Sentia, and Afrania. Cicero as an Advocate.

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 Mur-
der. Facts of the Case, and Speech of Cicero. - Speech for
Roscius the Actor. - Defence of Cluentius. A Female Mon-
ster. Cicero's Description of the Duties of a Juryman? - An
accommodating 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 128

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 forbid-

den. · 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. 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

199

THE NOBLESSE DE LA ROBE.

Proud Position of the Bar in France. - A French Advocate
canonized. 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 Consti-
tution. Splendour 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 Par-
liament strictly a Court of Justice. Registration of Royal
Edicts by the Parliament. 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.- Esta-
blishments 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 Com-
bats in the Middle Ages.- Battle of the Liturgies.- Part played
by Advocates in these Combats. Rule nisi for a Duel. - Danger
of Advocate identifying himself with his Client. Philippe de
Montespedon, and the Breach of Promise of Marriage. — A
craven Lover. - Advocates écoutants, 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 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.
Gillet the Infanticide. - Dreadful Scene on the Scaffold. —
Eloquent Speech of Févret. Julien Peleus and the Haunted

- Helen

Brinvilliers,
She escapes

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.

the Great Poisoner. -Discovery of the Murders.
from France, but is arrested at Liege. Her Trial and Defence
by Nivelle. May the Secrets of the Confessional be divulged
in a Court of Law? - Masterly argument of Nivelle. — Con-
viction 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 Revo-
lution. The Revolutionary Tribunal. Louis XVI. before
the Convention. - Brave conduct of Malesherbes.
His Epi-

taph. The Girondists.

of Marie Antoinette.

- Eloquent Speech of Desèze. — Trial
- 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 Ex-

amination 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

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 Elo-

quence 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 Protestant

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 compelling a Prisoner

to advocate his own Case. Passing of Statute 7 Will. 3. c. 3.

- Presence of Mind shown by Lord Ashley at the Time. — Ri-
gorous Enforcement of the Law in the Case of Sir William
Parkyn.—A cold Exordium by Sir Bartholomew Shower.
Prisoners' Counsel Act, 6 & 7 Will. 4. c. 114. - - Criminal Trials
formerly judicial Murders. Arraignment of the Duke of Nor-
folk. 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.