Chapter XLIX: Section XXXVI

[a] When great and powerful eloquence is compared to a flame, that must be supported by fresh materials, it is evident that the sentence is a continuation, not the opening of a new argument. It has been observed, and it will not be improper to repeat, that the two former speakers (Messala and Secundus) having stated, according to their way of thinking, the causes of corrupt eloquence, Maternus, as was promised in the outset of the Dialogue, now proceeds to give another reason, and, perhaps, the strongest of all; namely, the alteration of the government from the old republican form to the absolute sway of a single ruler.

[b] The colonies, the provinces, and the nations that submitted to the Roman arms, had their patrons in the capital, whom they courted with assiduity. It was this mark of distinction that raised the ambitious citizen to the first honours in the state. To have a number of clients, as well at home as in the most important colonies, was the unremitting desire, the study, and constant labour of all who aimed at pre-eminence; insomuch that, in the time of the old republic, the men who wished to be distinguished patrons, impoverished, and often ruined their families, by their profusion and magnificence. They paid court to the common people, to the provinces, and states in alliance with Rome; and, in their turn, they received the homage of their clients. See _Annals_, b. iii. s. 55.

[c] We read in Quintilian, that oral testimony, and depositions signed by the witnesses, were both in use in his time. Written evidence, he observes, was easily combated; because the witness who chose to speak in the presence of a few who signed his attestation, might be guilty of a violation of truth with greater confidence; and besides, not being cited to speak, his being a volunteer in the cause was a circumstance against him, since it shewed that he acted with ill-will to the opposite party. With regard to the witness who gives his testimony in open court, the advocate has more upon his hands: he must press him with questions, and in a set speech observe upon his evidence. He must also support his own witnesses, and, therefore, must draw up two lines of battle. _Maximus patronis circa testimonia sudor est. Ea dicuntur aut per tabulas, aut a præsentibus. Simplicior contra tabulas pugna. Nam et minus obstitisse videtur pudor inter paucos signatores, et pro diffidentiâ premitur absentia. Tacitâ præterea quâdam significatione refragatur his omnibus, quod nemo per tabulas dat testimonium, nisi suâ voluntate; quo ipso non esse amicum ei se, contra quem dicit, fatetur. Cum præsentibus verò ingens dimicatio est: ideoque velut duplici contra eos, proque his, acie confligitur, actionum et interrogationum._ Quint. lib. v. cap. 7.