. I cannot admit the
truth of the argument in which Mr. Forsyth defends the
practice of the English bar in this respect, and in
doing so presses hard upon Cicero. "At Rome," he says,
"it was different. The advocate there was conceived to
have a much wider discretion than we allow." Neither in
Rome nor in England has the advocate been held to be
disgraced by undertaking the defence of bad men who have
been notoriously guilty. What an English barrister may
do, there was no reason that a Roman advocate should not
do, in regard to simple criminality. Cicero himself has
explained in the passage I have quoted how the Roman
practice did differ from ours in regard to treason. He
has stated also that he knew nothing of the first
conspiracy when he offered to defend Catiline on the
score of provincial peculations. No writer has been
heavy on Hortensius for defending Verres, but only
because he took bribes from Verres.

[188] Publius Cornelius Sulla, and Publius Autronius
P[oe]tus.

[189] Pro P. Sulla, iv. He declares that he had known
nothing of the first conspiracy and gives the reason:
"Quod nondum penitus in republica versabar, quod nondum
ad propositum mihi finem honoris perveneram, quod mea me
ambitio et forensis labor ab omni illa cogitatione
abstrahebat."

[190] Sallust, Catilinaria, xviii.

[191] Livy, Epitome, lib. ci.

[192] Suetonius, J. Caesar, ix.

[193] Mommsen, book v., ca. v., says of Caesar and
Crassus as to this period, "that this notorious action
corresponds with striking exactness to the secret action
which this report ascribes to them." By which he means
to imply that they probably were concerned in the plot.

[194] Sallust tells us, Catilinaria, xlix., that Cicero
was instigated by special enemies of Caesar to include
Caesar in the accusation, but refused to mix himself up
in so great a crime. Crassus also was accused, but
probably wrongfully. Sallust declares that an attempt
was made to murder Caesar as he left the Senate. There
was probably some quarrel and hustling, but no more.

[195] Sallust, Catilinaria, xxxvii.: "Omnino cuncta
plebes, novarum rerum studio, Catilinae incepta
probabat." By the words "novarum rerum studio"--by a love
of revolution--we can understand the kind of popularity
which Sallust intended