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Just recently, after pleading before the Centumviri in the fourfold Court, I happened to remember that in my younger days I had also pleaded in the same court. My thoughts, as usual, began to take a wider range, and I commenced to recall to my memory those whom I had worked with in this court and in that.
In the first place these treatises gave only the dry husks of rhetoric, the conventional analyses, the stock definitions. In the second place rhetoric was little applied. The political life of western Europe centered in the camp, not in the forum. The classical tradition of trial by a large jury, as the Areopagus or the Centumviri, had given place to trial before the regal or manorial court.
By the institution of the tribunal of the -Centumviri- to deal with inheritance, for instance, there was introduced in the law of property a college of jurymen, which, like the criminal authorities, instead of simply applying the law placed itself above it and with its so-called equity undermined the legal institutions; one consequence of which among others was the irrational principle, that any one, whom a relative had passed over in his testament, was at liberty to propose that the testament should be annulled by the court, and the court decided according to its discretion.
Criminal causes were still disposed of as formerly before the different jury-commissions competent to deal with the several crimes, civil causes partly before the court of inheritance or, as it was commonly called, of the -centumviri-, partly before the single -iudices-; the superintendence of judicial proceedings was as formerly conducted in the capital chiefly by the praetors, in the provinces by the governors.
In the interval, I will consider of some excuse, and will so plead your cause that you may be able to plead it your self any day you like best. In this respect, you are in a better situation than I was: the court of the centumviri, where I was to plead, admits of no adjournment: whereas, in that where your case is to be heard, though no easy matter to procure one, still, however, it is possible.
He followed me thither and asked for a private conversation. He said he was afraid that something he once said in the Court of the Centumviri rankled in my memory, when, in replying to Satrius Rufus and myself, he remarked, "Satrius Rufus, who is quite content with the eloquence of our days, and does not seek to rival Cicero."
He, therefore, chose commissioners by lot to provide for the restitution of what had been seized by violence during the war, and others with extraordinary jurisdiction to decide causes belonging to the centumviri, and reduce them to as small a number as possible, for the dispatch of which, otherwise, the lives of the litigants could scarcely allow sufficient time.
One of the permanent courts found by Sulla already existing was that of the Centumviri, who had jurisdiction over disputed inheritances. The members of it were elected by the tribes, three by each tribe, 105 in all. Though it was directly elected by the people, Sulla could apprehend no danger from such a court, and did not meddle with it.
By the institution of the tribunal of the -Centumviri- to deal with inheritance, for instance, there was introduced in the law of property a college of jurymen, which, like the criminal authorities, instead of simply applying the law placed itself above it and with its so-called equity undermined the legal institutions; one consequence of which among others was the irrational principle, that any one, whom a relative had passed over in his testament, was at liberty to propose that the testament should be annulled by the court, and the court decided according to its discretion.
The praetor, who was presiding over the Court of the Centumviri, was embarrassed by this decree of Nepos and gave us an unexpected holiday, while he made up his mind whether or not he should follow the example set him. Meanwhile, the whole town is discussing the edict of Nepos, some favourably, others adversely. Many people are saying: "Well, we have found a man to set the crooked straight.
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