There are two ways of proceeding in this last case, the first plausible, and frequently used, as when it is hinted to them that the Roman people might entertain an ill opinion of them, or that there might be an appeal from their judgment; the other desperate, and not so much used, as when threatened with prosecution themselves if they suffer themselves to be corrupted.  This is a hazardous point, and is conducted with more safety to the orator when in a large assembly where corrupt judges are restrained by fear, and the upright have the majority.  But I would never counsel this before a single judge, unless every other resource was wanting.  If necessity requires it, I can not say that it is the business of the art of oratory to give directions in the matter, any more than to lodge an appeal, tho that, too, is often of service, or to cite the judge in justice before he passes sentence, for to threaten, denounce, or indict may be done by any one else as well as the orator.

If the cause itself should furnish sufficient reason for gaining the good will of the judge, out of this whatever is most specious and favorable may be inserted in the exordium.  It will be unnecessary to enumerate all the favorable circumstances in causes, they being easily known from the state of facts; besides, no exact enumeration can take place on account of the great diversity of law-suits.  It is the cause itself, therefore, that must teach us to find and improve these circumstances; and, in like manner, with a circumstance that may make against us the cause will inform us how it may either be made entirely void, or at least invalidated.

From the cause compassion also sometimes arises, whether we have already suffered or are likely to suffer anything grievous.  For I am not of the opinion of those who to distinguish the exordium from the peroration, will have the one to speak of what is past and the other of what is to come.  They are sufficiently distinguished without this discrimination.  In the exordium the orator ought to be more reserved, and ought only to throw out some hints of the sentiments of compassion he designs to excite in the minds of the judges; whereas in the peroration he may pour out all the passions, introduce persons speaking, and make the dead to come forth, as it were, out of their graves, and recommend to the judges the care of their dearest pledges.  All these particulars are seldom executed in the exordium.  But the manner just pointed out, it will be very proper to observe in it, and to wear down all impressions to the contrary made by the opposite side, that as our situation will be deplorable if we should be defeated in our expectations, so, on the other hand, the behavior of our opponent would be insolent and haughty.

MATERIAL FOR THE INTRODUCTION

Besides persons and causes, the exordium likewise is sometimes taken from their adjuncts, that is, from things relating to the cause and persons.  To persons are applicable not only the pledges above mentioned, but affinities, friendships, sometimes cities and whole countries are also likely to suffer by the person’s misfortunes.