Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-05-08
Alefan0ria @ax&tte
TUESDAY, MAY 8, 1877.
The Roman Bar.

ln lecture on the Roman Bar, delivered 10
New York last week by Mr. Van Wiukle, aud
reported in the Herald Of that city, the lee.
turer sld:
| Among the Romans the place for the admin
islratiou Of Justice was The forum; the judge
was called praetur. The classical period OF the
| Roman civil process extended to the. reign of
the Emperor Diocetan. Under the laws Of
the twelve tables regular forms OF procedure
| had been established. The first pleaders who
| appeared at the Roman Bar were not juriscon.
suits but the patrons Of the common people.
But when business transactions became more
| frequeut aud the science Of tho law more diff.
cult and complicated there were a class of meu
who began to apply themselves to the study Of
jurisprudence The Limitation 10 the length OF
oral pleadugs in the time OF Cicero was left to
the discretion of the judge. lu criminal cases
the time was fixed according to the Pompelan
rule-the accused having moro time than the
accuser in the proportion Of nine to six In this
measurement Of time the cepsydra, or water
clock, Vas used.
In many cases several counsel were employed
on one side, but the custom was net approved
of by Cicero. If the accused had no advocate
the judges appointed one Tor him. Under tho
Republic advocates received very large fees
CIaudus and Cicero we're charged with having
eXacted cxorbitant fees. Cicero received from
Publius Scylla, !hen under impeachment
100000 sesterces, or about $4,000, with
which he purchaseda house, received under the
disguise OF a loan. Cicero boasts in his second
philippe that he received upward Of 100000
from legacies left him by MS friends, and yet
he borrowed money without scruppie. Uoder
Constantine advocates we're prohibited, under
penalty of being disbarred, from making any
bargains with their clients for acquiring any
portion Of what they might gain by the law suit.
Women were allowed TO plead their oWn causes,
but were not allowed to pl cad or act for others.
Law was taught in schools about the same a.
at the present day. Under Jujtiuiau the stu
dents were obliged to study hvc years and pass
q public examination. The lecturer gave ao
elaborate criticism Of the principal Roman law:
ycrs. HortcDsus was contemporary and rival
of Cicero He was o maD OF great memory,
clearncss and accuracy, and possessed great
grace ia style. Asinius Polio was endowed
with a great power Of unprecedented clio.
uueDce. If SUCCESS vas the criterion Of great
orator Cicero was the greatest, Tor he possessed
the faculty Of persuadiug to remarkable de.
gree; Il might be sale to study y hl~' but not
to follow him. o
While we may derive mauy advantages, con.
cIuded Mr. Van Winke, from studying the
various characteristics OF the style OF the great
orators of ancient Rome 1t is not in our day so
desirable to possess aIl the pcrtectlons which
Cicero and others required Of au orator. do
not contider the highest order Of cloqucnce to
be the principal qualification OF lawyer: There
are but lew occasions that call it 10 demand
The advocate should learn TO conduct suit
with skill aod ability; To prepare the peadlngs
in proper form and 10 state all the facts OF his
case in their palural and chronological order
with cIcarpcss and accuracy; at the bar to learn
to haude bis cause with co0Incss aud ludg'
mcnt, and endcavor to se;Gs We'll the points on
which it hinges; to learn TO express himself 10
well.chosen language, scnlcntlous rather than
redundant aud coylOus, supporting his argu;,
ncnts with pertinent !casrus aud precise and
UCll.choscu authorities. | should rather urge
upon the advocate TO reverse the rule oil Cicero
-e!cqueuce first and thea GONE Knowledge OF
the Iaw-anu insist that he should DC learned
in a.y and practice AID moderately eloquent,
more daeciican than rhetorcian, aod
man CT business and judgment rather than OF
great aud long discourse.