duces the soldier and
great commander. It is the same with Eloquence. The oftener she is
obliged, if I may so express it, to take the field, the more frequent
the engagement, in which she gives and receives alternate wounds, and
the more formidable her adversary; the more she rises in pomp and
grandeur, and returns from the warfare of the forum crowned with
unfading laurels. He, who encounters danger, is ever sure to win the
suffrages of mankind. For such is the nature of the human mind, that,
in general, we choose a state of security for ourselves, but never
fail to gaze with admiration on the man, whom we see, in the conflict
of parties, facing his adversaries, and surmounting difficulties.

XXXVIII. I proceed to another advantage of the ancient forum; I mean
the form of proceeding and the rules of practice observed in those
days. Our modern custom is, I grant, more conducive to truth and
justice; but that of former times gave to eloquence a free career,
and, by consequence, greater weight and splendour. The advocate was
not, as now, confined to a few hours [a]; he might adjourn as often as
it suited his convenience; he might expatiate, as his genius prompted
him: and the number of days, like that of the several patrons, was
unlimited. Pompey was the first who circumscribed the genius of men
within narrower limits [b]. In his third consulship he gave a check to
eloquence, and, as it were, bridled its spirit, but still left all
causes to be tried according to law in the forum, and before the
praetors. The importance of the business, which was decided in that
court of justice, will be evident, if we compare it with the
transactions before the centumvirs [c], who at present have cognizance
of all matters whatever. We have not so much as one oration of Cicero
or Caesar, of Brutus, Caelius, or Calvus, or any other person famous for
his eloquence, which was delivered before the last-mentioned
jurisdiction, excepting only the speeches of Asinius Pollio [d] for
the heirs of Urbinia. But those speeches were delivered about the
middle of the reign of Augustus, when, after a long peace with foreign
nations, and a profound tranquillity at home, that wise and politic
prince had conquered all opposition, and not only triumphed over party
and faction, but subdued eloquence itself.

XXXIX. What I am going to say will appear, perhaps, too minute; it may
border on the ridiculous, and excite your mirth: with all my heart; I
will h