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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.

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