[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 praesentibus.  Simplicior contra tabulas pugna.  Nam et minus obstitisse videtur pudor inter paucos signatores, et pro diffidentia premitur absentia.  Tacita praeterea quadam significatione refragatur his omnibus, quod nemo per tabulas dat testimonium, nisi sua voluntate; quo ipso non esse amicum ei se, contra quem dicit, fatetur.  Cum praesentibus vero ingens dimicatio est:  ideoque velut duplici contra eos, proque his, acie confligitur, actionum et interrogationum. Quint. lib. v. cap. 7.

Section XXXVII.

[a] For an account of Mucianus, see section 7, note c [transcriber’s note:  reference does not match]; also the History, b. ii. s. 5.  Suetonius relates that Vespasian, having undertaken to restore three thousand brazen plates, which had perished in the conflagration of the capital (see the Hist. of Tacitus, b. iii. s. 71), ordered a diligent search to be made for copies, and thereby furnished the government with a collection of curious and ancient records, containing the decrees of the senate, acts of the commons, and treaties of alliance, almost from the building of the city.  Suetonius, Life of Vespasian, s. 8.  This, with the addition of speeches and letters composed by men of eminence, was, most probably, the collection published by Mucianus.  We may be sure that it contained a fund of information, and curious materials for history; but the whole is unfortunately lost.

[b] The person intended in this place must not be confounded with Lucius Crassus, the orator celebrated by Cicero in the Dialogue DE ORATORE.  What is here said, relates to Marcus Crassus, who was joined in the triumvirate with Pompey and Caesar; a man famous for his riches, his avarice, and his misfortunes.  While Caesar was engaged in Gaul, and Pompey in Spain, Crassus invaded Asia, where, in a battle with the Parthians, his whole army was cut to pieces.  He himself was in danger of being taken prisoner, but he fell by the sword of the enemy.  His head was cut off, and carried to Orodes, the Parthian king, who ordered liquid gold to be infused into his mouth, that he, who thirsted for gold, might be glutted with