the learned, but also the
learned by the more learned; otherwise we should not have so many
rules nor so many excellent masters. This ought to be acknowledged by
all, but more especially by us who do not separate eloquence from the
man of integrity.
THE EXORDIUM OR INTRODUCTION
The exordium, or introduction, is that part of the discourse which is
pronounced before the subject is entered upon. As musicians make a
prelude for obtaining silence and attention before they play their
selections, so orators, before they begin their cause, have specified by
the same application that which they say by way of preface for securing
for themselves a kindly feeling in the listeners.
THE PURPOSE OF THE INTRODUCTION
The reason for an exordium is to dispose the auditors to be favorable to
us in the other parts of the discourse. This, as most authors agree, is
accomplished by making them friendly, attentive, and receptive, tho
due regard should be paid to these three particulars throughout the
whole of a speech.
Sometimes the exordium is applicable to the pleader of the cause, who,
tho he ought to speak very little of himself, and always modestly, will
find it of vast consequence to create a good opinion of himself and to
make himself thought to be an honest man. So it is he will be regarded
not so much as a zealous advocate, as a faithful and irreproachable
witness. His motives for pleading must, therefore, appear to proceed
not from tie of kindred, or friendship, but principally from a desire to
promote the public good, if such motive can be urged, or any other
important consideration. This conduct will befit plaintiffs in a much
greater degree, that they may seem to have brought their action for just
and weighty reasons, or were even compelled to do it from necessity.
As nothing else gives so great a sanction to the authority of the speaker
as to be free from all suspicion of avarice, hatred, and ambition, so, also,
there is a sort of tacit recommendation of ourselves if we profess our
weak state and inability for contending with the superior genius and
talents of the advocate of the other side. We are naturally disposed to
favor the weak and opprest, and a conscientious judge hears an orator
willingly whom he presumes not to be capable of making him swerve
from his fixt purpose of doing justice. Hence the care of the ancients
for concealing their talents.
IDEAS TO AVOID AND TO INCLUDE
All contemptuous, spiteful, haughty, calumniating expressions must be
avoided and not so much as even insinuated to the defamation of any
particular person or rank, much less against those to whom an affront
would alienate the minds of the judges. To be so imprudent as to attack
judges themselves, not openly, but in any indirect manner, would be
most unwise.
The advocate for the other side may likewise furnish sufficient matter
for an exordium. Sometimes honorable mention may be made of him,
as when we pretend to be in dread of his interest and eloquence in order
to make them suspected by the judges, and sometimes by casting odium
on him, altho this must be done very seldom. I rather think, from the
authority of the best authors, that whatever affects the orator, affects
also the cause he patronizes, as it is natural for a judge to give more
credit to those whom he more willingly hears.
We shall procure the favor of the judge not so much by praising him,
which ought to be done with moderation, and is common to both sides,
but rather by making his praise fitting, and connecting it with the
interest of our cause. Thus, in speaking for a person of consequence, we
may lay some stress on the judge's own dignity; for one of mean
condition, on his justice; for the unhappy, on his mercy; for the injured,
on his severity.
STUDYING YOUR HEARERS
It also would not be amiss to become acquainted, if possible, with his
character. For, according as his temper is, harsh or mild, pleasant or
grave, severe or easy, the cause should be made to incline toward the
side which corresponds with his disposition, or to admit some
mitigation or softening where it runs counter to it.
It may happen sometimes, too, that the judge is our enemy, or the
opponent's friend. This is a circumstance requiring the circumspection
of both parties, yet I think the favored advocate should behave with
great caution, for a judge of a biased disposition will sometimes choose
to pass sentence against his friends, or in favor of those to whom he
bears enmity, that he may not appear to act with injustice.
AROUSING EMOTIONS
Judges have also their private opinions and prejudices, which we must
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