Authors, Latin -- Biography; Cicero, Marcus Tullius; Statesmen -- Rome -- Biography
But the best morsel in the whole oration is that in which he snubs the
lawyers. It must be understood that Cicero did not pride himself on
being a lawyer. He was an advocate, and if he wanted law there were
those of an inferior grade to whom he could go to get it. In truth, he
did understand the law, being a man of deep research, who inquired into
everything. As legal points had been raised, he thus addresses
Sulpicius, who seems to have affected a knowledge of jurisprudence, who
had been a candidate for the Consulship, and who was his own intimate
friend: "I must put you out of your conceit," he says; "it was your
other gifts, not a knowledge of the laws--your moderation, your wisdom,
your justice--which, in my opinion, made you worthy of being loved. I
will not say you threw away your time in studying law, but it was not
thus you made yourself worthy of the Consulship.[161] That power of
eloquence, majestic and full of dignity which has so often availed in
raising a man to the Consulship, is able by its words to move the minds
of the Senate and the people and the judges.[162] But in such a poor
science as that of law what honor can there be? Its details are taken up
with mere words and fragments of words.[163] They forget all equity in
points of law, and stick to the mere letter."[164] He goes through a
presumed scene of chicanery, which, Consul as he was, he must have acted
before the judges and the people, no doubt to the extreme delight of
them all. At last he says, "Full as I am of business, if you raise my
wrath I will make myself a lawyer, and learn it all in three days."[165]
From these and many other passages in Cicero's writings and speeches,
and also from Quintilian, we learn that a Roman advocate was by no
means the same as an English barrister. The science which he was
supposed to have learned was simply that of telling his story in
effective language. It no doubt came to pass that he had much to do in
getting up the details of his story--what we may call the evidence--but
he looked elsewhere, to men of another profession, for his law. The
"juris consultus" or the "juris peritus" was the lawyer, and as such was
regarded as being of much less importance than the "patronus" or
advocate, who stood before the whole city and pleaded the cause. In this
trial of Murena, who was by trade a soldier, it suited Cicero to
belittle lawyers and to extol the army. When he is telling Sulpicius
that it was not by being a lawyer that a man could become Consul, he
goes on to praise the high dignity of his client's profession. "The
greatest glory is achieved by those who excel in battle. All our empire,
all our republic, is defended and made strong by them."[166] It was thus
that the advocate could speak! This comes from the man who always took
glory to himself in declaring that the "toga" was superior to helmet and
shield. He had already declared that they erred who thought that they
were going to get his own private opinion in speeches made in law
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account