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.