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There was still a Foro Ecclesiastico for the arraignment of religious offenders, and this was one of the first privileges against which Massimo d'Azeglio lifted his 'sacrilegious' hand. To go through all the list would be tedious, and would demand more explanation regarding the local modes of acquisition and tenure of religious property than would be interesting now.
Such were Aristotle, Horace, and Longinus, among the antients, Dacier and Bossu among the French, and some perhaps among us; who have certainly been duly authorised to execute at least a judicial authority in foro literario.
To fall back on the errors of the time is very proper when we are trying our predecessors in foro conscientace: The houses they dwelt in may have had some weak or decayed beams and rafters, but they served for their shelter, at any rate. It is quite another matter when those rotten timbers are used in holding up the roofs over our own heads.
She may, for aught we know, entertain opinions which would not permit her, with consistency, to attribute more to it than she has done; in that case she stands acquitted, in foro conscientiae, of wilfully suppressing any thing which she acknowledges to be true and important; but, as a writer, it must still be considered as a blemish, in the eyes at least of those who think differently, that virtue should be studiously inculcated with scarcely any reference to what they regard as the main spring of it; that vice should be traced to every other source except the want of religious principle; that the most radical change from worthlessness to excellence should be represented as wholly independent of that agent which they consider as the only one that can accomplish it; and that consolation under affliction should be represented as derived from every source except the one which they look to as the only true and sure one: "is it not because there is no God in Israel that ye have sent to inquire of Baalzebub the God of Ekron?"
How? by whom? in what way? where? Presto! Foro! Magico! As much knew the alchemists at their furnaces reading Herr Trippa. Only the old woman knew well the crucible, and the great work the one was cuckoldom, and the other the private property of Madame Advocate.
The free administration of justice would diminish and nearly extinguish another great evil, that of malicious civil suits It is an old saying, that "multi litigant in foro, non ut aliquid lucentur, sed ut vexant alios."
And again, he that shall observe the same Lawes towards him, observes them not himselfe, seeketh not Peace, but War; & consequently the destruction of his Nature by Violence. And whatsoever Lawes bind In Foro Interno, may be broken, not onely by a fact contrary to the Law but also by a fact according to it, in case a man think it contrary.
Sir William spoke at length of his high value and regard for his dear young friend, the Master of Ravenswood, and of his very extreme high value and regard for the Marquis of A , his very dear old friend; he trusted that any measures that they might adopt, in which he was concerned, would be carred on with due regard to the sanctity of decreets and judgments obtained in foro contentioso; protesting, before men and angels, that if the law of Scotland, as declared in her supreme courts, were to undergo a reversal in the English House of Lords, the evils which would thence arise to the public would inflict a greater wound upon his heart than any loss he might himself sustain by such irregular proceedings.
They cultivated a more guarded and concise style, which might indeed please the critic or the scholar, but was wholly unfitted to instruct or move a promiscuous audience; as was said of one of them, oratio doctis et attente audientibus erat illustris; a multitudine autem et a foro, cui nata eloquentia est, devorabatur.
It is true, in foro conscientiæ, a defendant, who knows that he honestly owes the debt sued for and that the delay has been caused by indulgence or confidence on the part of his creditor, ought not to plead the statute. But if he does plead it, the judgment of the court must be in his favor. Now the lawyer is not merely the agent of the party; he is an officer of the court.
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