History of Roman Literature from its Earliest Period to the Augustan Age. Vol. IIDunlop, John Colin
History
History of Roman Literature from its Earliest Period to the Augustan Age. Vol. II
Dunlop, John Colin
Latin literature -- History and criticism
example, ignorant of the mode of drawing up an agreement, and unacquainted
with the forms of a contract, might defend the rights of a woman who has
been contracted in marriage, because there were persons who brought
everything to the orator or patron, ready prepared,—presenting him with a
brief, or memorial, not only on matters of fact, but on the decrees of the
Senate, the precedents and the opinions of the jurisconsults. It also
appears that there were solicitors, or professors of civil law, whom the
orators consulted on any point concerning which they wished to be
instructed, and the knowledge of which might be necessary previous to
their appearance in the Forum. In this situation, the harangue of the
orator was more frequently an appeal to the equity, common sense, or
feelings of the judge, than to the laws of his country. Now, where a
pleader addresses himself to the equity of his judges, he has much more
occasion, and also much more scope, to display his eloquence, than where
he must draw his arguments from strict law, statutes, and precedents. In
the former case, many circumstances must be taken into account; many
personal considerations regarded; and even favour and inclination, which
it belongs to the orator to conciliate, by his art and eloquence, may be
disguised under the appearance of equity. Accordingly, Cicero, while
speaking in his own person, only says, that the science of law and civil
rights should not be neglected; but he does not seem to consider it as
essential to the orator of the Forum, while he enlarges on the necessity
of elegance of language, the erudition of the scholar, a ready and popular
wit, and a power of moving the passions(305).
That these were the arts to which the Roman orators chiefly trusted for
success in the causes of their clients, is apparent from the remains of
their discourses, and from what is said of the mode of pleading in the
rhetorical treatises of Cicero. “Pontius,” says Antony, in the dialogue so
often quoted, “had a son, who served in the war with the Cimbri, and whom
he had destined to be his heir; but his father, believing a false report
which was spread of his death, made a will in favour of another child. The
soldier returned after the decease of his parent; and, had you been
employed to defend his cause, you would not have discussed the legal
doctrine as to the priority or validity of testaments; you would have
raised his father from the grave, made him embrace his child, and
recommend him, with many tears, to the protection of the Centumviri.”
Public-domain text, read in full here on John Shaqi.
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