Page:Roman History of Ammianus Marcellinus.djvu/570

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

advocates along with themselves. And when they have arrived within the bar, and the fortune or safety of some one is at stake, and they ought to labour to ward off the sword of the executioner from some innocent man, or calamity and ruin, then, with wrinkled brows, and arms thrown about with actor-like gestures, so that they want nothing but the flute of Gracchus at their back,[1] then they keep silence for some time on both sides; and at last, after a scene of premeditated collusion, some plausible preamble is pronounced by that one of them who is most confident in his power of speaking, and who promises an oration which shall rival the beauties of the oration for Cluentius[2] or for Ctesiphon.[3] And then, when all are eager for him to make an end, he concludes his preamble with a statement that the chief advocates have as yet only had three years since the commencement of the suit to prepare themselves to conduct it; and so obtains an adjournment, as if they had to wrestle with the ancient Antæus, while still they resolutely demand the pay due for their arduous labours.

20. And yet, in spite of all these things, advocates are not without some inconveniences, which are hard to be endured by one who would live uprightly. For being allured by small gains, they quarrel bitterly among themselves, and offend numbers by the insane ferocity of their evil speaking, which they pour forth when they are unable to maintain the weakness of the case intrusted to them by any sound reasoning.

21. And sometimes the judges prefer persons who have been instructed in the quibbles of Philistion or Æsop, to those who come from the school of Aristides the Just, or of Cato—men who, having bought public offices for large sums of money, proceed like troublesome creditors to hunt out every one's fortune, and so shake booty for themselves out of the laps of others.

22. Finally, the profession of a lawyer, besides other things, has in it this, which is most especially formidable and serious (and this quality is almost innate in all liti-

  1. See Cicero, de Oratore iii. 60.
  2. The Speech of Cicero pro Cœlio Cluentio.
  3. The celebrated speech of Demosthenes, more usually known as that of De Coronâ.