n. Pliny, with some indignation, asks, Are
we wiser than our ancestors? are the laws more just at present? Our
ancestors allowed many hours, many days, and many adjournments, in
every cause; and for my part, as often as I sit in judgement, I allow
as much time as the advocate requires; for would it not be rashness to
guess what space of time is necessary in a cause which has not been
opened? But some unnecessary things may be said; and is it not better,
that what is unnecessary should be spoken, than that what is necessary
should be omitted? And who can tell what is necessary, till he has
heard? Patience in a judge ought to be considered as one of the chief
branches of his duty, as it certainly is of justice. See Plin. b. vi.
ep. 2. In England, there is no danger of arbitrary rules, to gratify
the impatience of the court, or to stifle justice. The province of
juries, since the late declaratory act in the case of libels, is now
better understood; and every judge is taught, that a cause is tried
_before him_, not BY HIM. It is his to expound the law, and wait, with
temper, for the verdict of those whom the constitution has intrusted.

[b] Pompey's third consulship was A.U.C. 702; before Christ, 52. He
was at first sole consul, and in six or seven months Metellus Scipio
became his colleague.

[c] The centumviri, as mentioned s. vii. note [c], were a body of men
composed of three out of every tribe, for the decision of such matters
as the praetors referred to their judgement. The nature of the several
causes, that came before that judicature, may be seen in the first book
DE ORATORE.

[d] The question in this cause before the centumviri was, whether
Clusinius Figulus, the son of Urbinia, fled from his post in battle,
and, being taken prisoner, remained in captivity during a length of
time, till he made his escape into Italy; or, as was contended by
Asinius Pollio, whether the defendant did not serve under two masters,
who practised physic, and, being discharged by them, voluntarily sell
himself as a slave? See Quintilian, lib. vii. cap. 2.

Section XXXIX.

[a] The advocates, at that time, wore a tight cloak, or mantle, like
that which the Romans used on a journey. Cicero, in his oration for
Milo, argues that he who wore that inconvenient dress, was not likely
to have formed a design against the life of any man. _Apparet uter
esset insidiator; uter nihil cogitaret mali: cum alter veheretur in
rheda, penulatus, una se