I pass now to the forms
and character of procedure in the old courts. As they exist now, they are
indeed more favourable to truth, but the forum in those days was a better
training for eloquence. There no speaker was under the necessity of
concluding within a very few hours; there was freedom of adjournment, and
every one fixed for himself the limits of his speech, and there was no
prescribed number of days or of counsel. It was Cneius Pompeius who, in his
third consulship, first restricted all this, and put a bridle, so to say, on
eloquence, intending, however, that all business should be transacted in the
forum according to law, and before the prætors. Here is a stronger
proof of the greater importance of the cases tried before these judges than
in the fact that causes in the Court of the Hundred, causes which now hold
the first place, were then so eclipsed by the fame of other trials that not
a speech of
Cicero, or Cæsar, or
Brutus, or Caelius, or Calvus, or, in
short, any
REPUBLICAN ORATORY
SPACIOUS |
great orator is now read, that was delivered in that Court,
except only the orations of Asinius Pollio for the heirs of Urbinia, as they
are entitled, and even Pollio delivered these in the middle of the reign of
Augustus, a period of long rest, of unbroken repose for the people and
tranquillity for the senate, when the emperor's perfect discipline had put
its restraints on eloquence as well as on all else.