=302. Character Witnesses; Torture of Slave Witnesses.=--One thing more concerning these trials must be noted: the testimony of Roman citizens carries much greater weight than that of aliens, and the unreliability of Græco-Levantines is notorious. Freeborn men, Roman or provincial, testify under oath. Only accusers have the right to compel the attendance of unwilling witnesses, but the defense can bring not merely voluntary witnesses to the facts, but can present as many as ten _laudatores_, character witnesses, and if men of high standing are vigorous in their friends’ praises, their opinions will offset very many ugly facts in the testimony. Frequently enough, however, the statements of slaves have to be taken. These wretches, having little better status before the law than animals, can only testify under torture. No master, nevertheless, except in cases of treason, can ordinarily be compelled to let his slaves testify _against_ him, but it is assumed that torture is necessary if a master voluntarily offers his slave as witness,--for what slave would dare uncompelled to say anything unwelcome to his master in view of the terrific flogging waiting after he gets home? The situation in short as to slave testimony is substantially as in Athens.[191] This use of the rack and flogging post is one of the worst blots upon the highly scientific and usually reasonable and humane judicial system of Rome. =303. Written Evidence; High Development of the Advocate’s Art.=--On the other hand much weight is given to reliable written evidence. Public documents from the record office, and the careful entries on bankers’ ledgers are continually being introduced as testimony. Much of the forensic oratory also is of a high order. The rhetoric schools have not taught their better pupils in vain; despite much silly display, “appeals to the emotions,” and artificiality, the art of advocacy has never completely lost touch with the promotion of justice; and usually the verdict goes still to him who best meets Cato the Elder’s pungent definition of the true orator, _vir bonus, dicendi peritus_ (“the good man versed in the art of speech”), and who recalls that great republican’s classic injunction for all advocates--_rem tene, verba sequentur_ (“Grasp the subject and the words will follow”).[192] In all matters not touching certain high interests the Roman courts are perhaps as disinterested and clean as human tribunals can well be, and the average _judex_ is charged with a passionate desire to do that which is formally right. In the courts the spirit of Rome is often to be seen at its best.