Page:The Green Bag (1889–1914), Volume 01.pdf/446

Rh ROMAN LAWYERS.

OST of the profession are familiar with Roman law, and are well aware that on it is based the foundation of the laws of the civilized world at the present day. It is not necessary, then, to discuss its importance here, but we will content ourselves with pointing out how lawyers then considered their profession; and though much must be taken cum grano salis, yet we cannot but be amused at the tricks of the trade. The bar then, as now, was evidently the way chosen by many ambitious plebeians, bent upon raising themselves from the class to which they belonged, and by becoming Senators to ascend into the patrician class, and found families who thus became a part of the proud Roman aristocracy.

The defence of Suilius, who during the reign of Claudius was accused of having infringed the Cincian law by extorting heavy fees, may here be mentioned as an authority given us by Tacitus. This advocate, after quoting the many careers left open to the families of the nobility, insisted upon the fact that the plebeian order could rise to eminence only by the "toga;" if these rewards were abolished, then the pursuit itself must inevitably fall into decay. It may be here noticed that, however fine the sentiments uttered by this lawyer may sound, the reason of his trial would in itself be a cause for the indignation felt against him. Samius, a Roman knight of good family, having discovered that Suilius, to whom he had paid a fee of four hundred thousand sesterces, was playing into the hands of his adversary and accepting double payment, fell upon his own sword.

Tacitus mentions the names of Eprius, Marcellus, and Vibius Crispus as examples of men born in the plebeian class who had attained through the bar the utmost eminence,—"they direct affairs, and are almost venerated by the emperor." Other lawyers are mentioned by him as celebrated for their eloquence; and his "Dialogues on Oratory" will repay a perusal, as being an excellent criticism on the oratory of his day as compared with that which had gone before.

From the ranks of the Equestrian order many sought the bar. Seneca, Suetonius, and the two Plinys may be named as examples known to all. How long Suetonius practised we know not for certain, but from the Eighteenth Epistle (Book I.) of Pliny's letters, it may be surmised that he was a man much affected by superstitious fears. In this letter the Younger Pliny bids him not fear a dream, as dreams are capable of various interpretations, and says that he himself had carried on successfully the case of Julius Pastor, though he had been warned in a dream not to undertake it; concluding, however, by assuring Suetonius that he himself would conduct the case, should his friend consider it prudent to follow out the maxim "Quod dubitas ne feceris."

The letters of the Younger Pliny abound with allusions to lawyers, for many of whom he seems to have a profound contempt, as he describes their various endeavors to obtain notoriety. In the Twentieth Epistle (Book I.), in a letter addressed to his colleague Tacitus, we find expressed his ideas as to the style of oratory which he considers ought to be adopted, giving it as his opinion that it is ever better to write out a speech than to speak it on the spur of the moment. Moreover, he does not believe in brevity, unless the nature of the case should allow it, quoting as an example Marcus Tullius Cicero, whose longest orations he considers to be the best. Moderation, he says, is certainly ever the best; but you must be careful that moderation is used in such a manner as not to injure your case by being carried to too great an extent, by being restricted, and thus causing as much harm as would too effusive a discourse.