Theophrastus adds another kind of exordium, taken from the pleading of the orator who speaks first.  Such seems to be that of Demosthenes for Ctesiphon, in which he requests the judges to please permit him to reply as he thinks suitable rather than to follow the rules prescribed by the accuser.

As the confidence observable in some orators may easily pass for arrogance, there are certain ways of behavior which, tho common, will please, and therefore ought not to be neglected, to prevent their being used by the opposing side:  these are wishing, warding off suspicion, supplicating, and making a show of trouble and anxiety.

The judge’s attention is secured by inducing him to believe that the matter under debate is new, important, extraordinary, or of a heinous nature, or that it equally interests him and the public.  Then his mind is to be roused and agitated by hope, fear, remonstrance, entreaty, and even by flattery, if it is thought that will be of any use.  Another way of procuring attention may be to promise that we shall take up but little of their time, as we shall confine ourselves to the subject.

From 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.