hen public good is concerned in the
decision. All agree that recapitulation may also be employed to
advantage in other parts of the pleading, if the cause is complicated
and requires many arguments to defend it, and, on the other hand, it
will admit of no doubt that many causes are so short and simple as to
have no occasion in any part of them for recapitulation. The above rules
for the peroration apply equally to the accuser and to the defendant's
advocate.

They, likewise, use nearly the same passions, but the accuser more
seldom and more sparingly, and the defendant oftener and with greater
emotions; for it is the business of the former to stir up aversion,
indignation, and other similar passions in the minds of the judges, and
of the latter to bend their hearts to compassion. Yet the accuser is
sometimes not without tears, in deploring the distress of those in whose
behalf he sues for satisfaction, and the defendant sometimes complains
with great vehemence of the persecution raised against him by the
calumnies and conspiracy of his enemies. It would be best, therefore, to
distinguish and discuss separately the different passions excited on the
parts of the plaintiff and defendant, which are most commonly, as I
have said, very like what takes place in the exordium, but are treated
in a freer and fuller manner in the peroration.

PURPOSES OF THE PERORATION

The favor of the judges toward us is more sparingly sued for in the
beginning, it being then sufficient to gain their attention, as the
whole discourse remains in which to make further impressions. But in the
peroration we must strive to bring the judge into that disposition of
the mind which it is necessary for us that he should retain when he
comes to pass judgment. The peroration being finished, we can say no
more, nor can anything be reserved for another place. Both of the
contending sides, therefore, try to conciliate the judge, to make him
unfavorable to the opponent, to rouse and occasionally allay his
passions; and both may find their method of procedure in this short
rule, which is, to keep in view the whole stress of the cause, and
finding what it contains that is favorable, odious, or deplorable, in
reality or in probability, to say those things which would make the
greatest impression on themselves if they sat as judges.

I have already mentioned in the rules for the exordium how the accuser
might conciliate the judges. Yet some things, which it w