Let me not be misunderstood: I do not say, that for the sake of hearing a bright display of eloquence, it is fit that the public peace should be disturbed by the machinations of turbulent and lawless men. But, not to lose sight of the question before us, let it be remembered, that we are enquiring about an art which thrives and flourishes most in tempestuous times. It were, no doubt, better that the public should enjoy the sweets of peace, than be harassed by the calamities of war: but still it is war that produces the soldier and great commander. It is the same with Eloquence. The oftener she is obliged, if I may so express it, to take the field, the more frequent the engagement, in which she gives and receives alternate wounds, and the more formidable her adversary; the more she rises in pomp and grandeur, and returns from the warfare of the forum crowned with unfading laurels. He, who encounters danger, is ever sure to win the suffrages of mankind. For such is the nature of the human mind, that, in general, we choose a state of security for ourselves, but never fail to gaze with admiration on the man, whom we see, in the conflict of parties, facing his adversaries, and surmounting difficulties. XXXVIII. I proceed to another advantage of the ancient forum; I mean the form of proceeding and the rules of practice observed in those days. Our modern custom is, I grant, more conducive to truth and justice; but that of former times gave to eloquence a free career, and, by consequence, greater weight and splendour. The advocate was not, as now, confined to a few hours [a]; he might adjourn as often as it suited his convenience; he might expatiate, as his genius prompted him: and the number of days, like that of the several patrons, was unlimited. Pompey was the first who circumscribed the genius of men within narrower limits [b]. In his third consulship he gave a check to eloquence, and, as it were, bridled its spirit, but still left all causes to be tried according to law in the forum, and before the prætors. The importance of the business, which was decided in that court of justice, will be evident, if we compare it with the transactions before the centumvirs [c], who at present have cognizance of all matters whatever. We have not so much as one oration of Cicero or Cæsar, of Brutus, Cælius, or Calvus, or any other person famous for his eloquence, which was delivered before the last-mentioned jurisdiction, excepting only the speeches of Asinius Pollio [d] for the heirs of Urbinia. But those speeches were delivered about the middle of the reign of Augustus, when, after a long peace with foreign nations, and a profound tranquillity at home, that wise and politic prince had conquered all opposition, and not only triumphed over party and faction, but subdued eloquence itself.