what has been said, it appears that different causes require to be
governed by different rules; and five kinds of causes are generally
specified, which are said to be, either honest, base, doubtful,
extraordinary, or obscure. Some add shameful, as a sixth kind, which
others include in base or extraordinary. By extraordinary is understood
that which is contrary to the opinion of men. In a doubtful cause the
judge should be made favorable; in an obscure, docile; in a base,
attentive. An honest cause is sufficient of itself to procure favor.
Extraordinary and base causes lack remedies.
TWO TYPES OF INTRODUCTIONS
Some, therefore, specify two kinds of exordiums, one a beginning, the
other an insinuation. In the first the judges are requested openly to give
their good will and attention; but as this can not take place in the base
kind of cause, the insinuation must steal in upon their minds, especially
when the cause does not seem to appear with a sufficiently honest
aspect, either because the thing itself is wicked, or is a measure not
approved by the public. There are many instances of causes of
unseemly appearance, as when general odium is incurred by opposing a
patriot; and a like hostility ensues from acting against a father, a
wretched old man, the blind, or the orphan.
This may be a general rule for the purpose, "To touch but slightly on
the things that work against us, and to insist chiefly on those which are
for our advantage." If the cause can not be so well maintained, let us
have recourse to the goodness of the person, and if the person is not
condemnable, let us ground our support on the cause. If nothing occurs
to help us out, let us see what may hurt the opponent. For, since to
obtain more favor is a thing to be wished, so the next step to it is to
incur less hatred.
In things that can not be denied, we must endeavor to show that they
are greatly short of what they are reported to be, or that they have been
done with a different intention, or that they do not in any wise belong
to the present question, or that repentance will make sufficient amends
for them, or that they have already received a proportionate punishment.
Herein, therefore, it will be better and more suitable for an advocate to
act than for the person himself; because when pleading for another he
can praise without the imputation of arrogance, and sometimes can
even reprove with advantage.
Insinuation seems to be not less necessary when the opponent's action
has pre-possest the minds of the judges, or when they have been
fatigued by the tediousness of the pleading. The first may be got the
better of by promising substantial proofs on our side, and by refuting
those of the opponent. The second, by giving hopes of being brief, and
by having recourse to the means prescribed for making the judge
attentive. In the latter case, too, some seasonable pleasantry, or
anything witty to freshen the mind will have a good effect. It will not
be amiss, likewise, to remove any seeming obstruction. As Cicero says
of himself, he is not unaware that some will find it strange that he, who
for so many years had defended such a number of people, and had
given no offense to anyone, should undertake to accuse Verres.
Afterward he shows that if, on the one hand, he accuses Verres, still, on
the other, he defends the allies of the Roman people.
HOW TO SELECT THE RIGHT BEGINNING
The orator should consider what the subject is upon which he is to
speak, before whom, for whom, against whom, at what time, in what
place, under what conditions, what the public think of it, what the
judges may think of it before they hear him, and what he himself has to
desire, and what to apprehend. Whoever makes these reflections will
know where he should naturally begin. But now orators call exordium
anything with which they begin, and consider it of advantage to make
the beginning with some brilliant thought. Undoubtedly many things
are taken into the exordium which are drawn from other parts of the
cause or at least are common to them, but nothing in either respect is
better said than that which can not be said so well elsewhere.
THE VALUE OF NATURALNESS
There are many very engaging things in an exordium which is framed
from the opponent's pleading, and this is because it does not seem to
favor of the closet, but is produced on the spot and comes from the very
thing. By its easy, natural turn, it enhances the reputation of genius. Its
air of simplicity, the judge not being on his guard against
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