This would be of comparatively small importance if a presiding judge of lofty qualifications guided, as with us, the minds of the jury through the mazes of argument and sophistry, and set the real issue plainly before them. But in Rome no such prerogative rested with the presiding judge, [3] who merely saw that the provisions of the law under which the trial took place were complied with. The judges, or rather jurors, were, in Rome as in Athens, [4] both from their number and their divergent interests, open to influences of prejudice or corruption, only too often unscrupulously employed, from which our system is altogether exempt. In the later republican period it was not, of course, ignorance (the jurors being senators or equites) but bribery or partisanship that disgraced the decisions of the bench. Senator and eques unceasingly accused each other of venality, and each was beyond doubt right in the charge he made. [5] In circumstances like these it is evident that dexterous manipulation or passionate pleading must take the place of legitimate forensic oratory. Magnificent, therefore, as are the efforts of the great speakers in this field, and nobly as they often rise above the corrupt practice of their time, it is impossible to shut our eyes to the iniquities of the procedure, and to help regretting that talent so glorious was so often compelled either to fail or to resort to unworthy methods of success. At Rome public speaking prevailed from the first. In every department of life it was necessary for a man to express in clear and vigorous language the views he recommended. Not only the senator or magistrate, but the general on the field of battle had to be a speaker. On his return from the campaign eloquence became to him what strategy had been before. It was the great path to civil honours, and success was not to be won without it. There is little doubt that the Romans struck out a vein of strong native eloquence before the introduction of Greek letters. Readiness of speech is innate in the Italians as in the French, and the other qualities of the Romans contributed to enhance this natural gift. Few remains of this native oratory are left, too few to judge by. We must form our opinion upon that of Cicero, who, basing his judgment on its acknowledged political effects, pronounces strongly in its favour. The measures of Brutus, of Valerius Poplicola, and others, testify to their skill in oratory; [6] and the great honour in which the orator was always held, [7] contrasting with the low position accorded to the poet, must have produced its natural result. But though the practice of oratory was cultivated it was not reduced to an art. Technical treatises were the work of Greeks, and Romans under Greek influence. In the early period the "spoken word" was all-important. Even the writing down of speeches after delivery was rarely, if ever, resorted to. The first known instance occurs so late as