A day in old Rome : $b a picture of Roman lifeDavis, William Stearns
History
A day in old Rome : $b a picture of Roman life
Davis, William Stearns
Rome -- Social life and customs
=300. Great Stress on Advocacy.=--Whatever the tribunal may be,
great is the stress laid on the arts of the advocate. Calvus has served
a long probation arguing in the basilicas before his day of glory
came in the Senate. All the young Ciceros in the rhetoric schools
dream of the hour when they can stand in flowing togas before the
high raised platform of the judices, wave their arms, throw out their
voices, and plead the cause of some widow, or arraign some embezzler
or extortioner. The mere fact that senatorial speeches have to be
extremely careful, lest they trench upon imperial prerogative, puts
a greater premium upon private argument in the courts where usually
“Cæsar” has no interests.
The rewards of successful eloquence are great;[189] and if the legal
fees are small, rich clients, at least, never fail with big New Year’s
presents, and with legacies in their wills. Besides there are no
governmental prosecuting attorneys. Criminal actions can be started by
any citizen against any possible offender. To reward such zeal, a good
part of the fines or confiscated property of convicted criminals goes
to the self-appointed prosecutor. It is thus easy to see how, under
Tiberius, Nero, and Domitian, the delators (“professional accusers”)
grew fat prosecuting wealthy senators for “treason.” These good days
for the profession seem over, but the incomes of certain of the
leading advocates are princely, some almost vying with those of the
earlier Vibius Crispus and Epirius Marcellus, who had over 200,000,000
sesterces ($8,000,000) apiece.
=301. Cheap Pettifogging Lawyers.=--On the other hand Rome is infested
with starving pettifoggers, pretentious wretches, sleeping in dirty
tenements, and with hardly a decent toga to wear when they argue on
petty cases in the præfect’s court. Sometimes they get a better class
of client, hire a good robe and ring to wear at the trial, and win the
case in the Basilica. Their client will very likely decorate the stairs
to their tenement with palm leaves, but as the only fee[190] send them
a quantity of uncertain edibles--“a dried-up ham, a jar of sprats,
some veteran onions, or five flagons of [very cheap] wine that has
just sailed down the Tiber!” If any money is actually paid, lucky the
advocate who does not have to split his fee with some agent who has
secured the case for him!
Public-domain text, read in full here on John Shaqi.
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