ublic 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 t
|