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.

HOW TO SELECT THE RIGHT BEGINNING

The orator should consider what the subject is upon which he is to speak, before whom, for whom, against whom, at what time, in what place, under what conditions, what the public think of it, what the judges may think of it before they hear him, and what he himself has to desire, and what to apprehend.  Whoever makes these reflections will know where he should naturally begin.  But now orators call exordium anything with which they begin, and consider it of advantage to make the beginning with some brilliant thought.  Undoubtedly many things are taken into the exordium which are drawn from other parts of the cause or at least are common to them, but nothing in either respect is better said than that which can not be said so well elsewhere.

THE VALUE OF NATURALNESS

There are many very engaging things in an exordium which is framed from the opponent’s pleading, and this is because it does not seem to favor of the closet, but is produced on the spot and comes from the very thing.  By its easy, natural turn, it enhances the reputation of genius.  Its air of simplicity, the judge not being on his guard against it, begets belief, and tho the discourse in all other parts be elaborate and written with great accuracy, it will for the most part seem an extempore oration, the exordium evidently appearing to have nothing premeditated.